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THE ILLINOIS SCHOOL LAW 






18S© - IQOl 



AN ACT TO ESTABLISH AND MAINTAIN A 



System of Free Schools 



A"^ 



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r 



APPROVED MAY 




Including Additional Acts JRelative to Schools and School Officers, with an 
Appendix Containing Acts Establishing State Normal Schools, and Pro- 
viding for County Normal Schools, and some Interpretations of 
Illinois School Laiv in Accordance ivith the Decis- 
ions of the Courts and Opinions of the 
Department of Public Instruction. 



SPRINGFIELD, ILL. 
Phillips Bros.. State Printers, 

1901. 






tfer 



\ . 



TABLE OF CONTENTS. 



Page, 

EXTRACTS FROM THE CONSTITUTION 1 

ACT OP 1889. 

Article I, State Superintendent of Public Instruction 2 

Article II. County Superintendents 6 

Article III, Township Trustees of Schools 13 

Article IV, Township Treasurer 31 

Aiticle V, Board of Directors 39 

Article VI. Board of Education 47 

Article VII. Teachers 55 

Article VIII, Revenue— Taxation 61 

Article IX, Bonds 65 

Article X, County Clerk 67 

Article XI, County Board 69 

Article XII, School Fund 71 

Article XIII, School Lands 74 

Article XIV, Fines and Forfeitures 80 

Article XV. Liability of School Officers 82 

Article XVI, Miscellaneous 86 

ADDITIONAL ACTS PERTAINING TO THE PUBLIC SCHOOLS AND TO 

SCHOOL OFFICERS. 

Members of the Board of Education Appointed 90 

Study of Physiology and Hygiene 91 

Compensation of Judges and Clerks of Election in certain cases 92 

Election of Boards of Education in certain cases 93 

No child under 13 years of age to be hired without certificate from the School Board 94 

Women may vote at School Elections 95 

Directors allowed to assume indebtedness created for their districts 96 

Compulsory Attendance 96 

Inspectors elected under certain special acts 98 

Increasing the number of School Inspectors 99 

Election of Boards of Education in certain cases 99 

Kindergarten Schools 100 

Pension and Retirement Fund in certain cities 101 

U.S. Flags 104 

Classes for Deaf Children 105 

Establishment of Manual Training Department of High Schools 106 

Parental Schools 107 

Government of Schools in annexed territory 110 

Election of presiding officers, of boards of trustees, etc., o£ educational institutions 110 

Authority to confer degrees Ill 

Numbering School Districts 112 

The State Teachers' Association 113 

Issuance of Bonds 113 

APPENDIX. 

Act Establishing Illinois State Normal University, Normal 115 

Act Establishing Southern Normal University, Carbondale 118 

Act Establishing Eastern Normal School, Charleston 121 

Act Establishing Northern Normal School, DeKalb 125 

Act Establishing Western Normal School, Macomb 128 

Act for the Establishment of County Normal Schools 131 

State Scholarships in Illinois University 133 

Some Interpretations of the Illinois School Law 135 

Calendar of School Elections and Duties of School Officers 153 

Index, 154 



EXTRACTS FROM THE CONSTITUTION OF ILLINOIS. 



Article V. 

Section 1. The executive department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, Auditor of Public Accounts, 
Treasurer, Superintendent of Public Instruction and Attorney Gen- 
eral, who shall each, with the exception of the Treasurer, hold his 
office for the term of four years, from the second Monday in Janu- 
ary next after his election and until his successor is elected and 
qualified. They shall, except the Lieutenant Governor, reside at the 
seat of government during their term of office, and keep the public 
records, books and papers there, and shall peform such duties as may 
be prescribed by law. 

Article VIII. 

EDUCATION. 

Section 1. The General Assembly shall provide a thorough and 
efficient system of free schools, whereby all children of this State 
may receive a good common school education. 

§ 2. All lands, moneys, or other property, donated, granted or re- 
ceived for school, college, seminary or university purposes, and the 
proceeds, thereof, shall be faithfully applied to the objects for which 
such gifts or grants were made. 

§ 3. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation or pay from any public fund whatever, anything 
in aid of any church or sectarian purpose, or to help support or sus- 
tain any school, academy, seminary, college, university, or other 
literary or scientific institution, controlled by any church or secta- 
rian denomination whatever; nor shall any grant or donation of land, 
money or other personal property ever be made by the State or any 
such public corporation, to any church, or for any sectarian purpose. 

§ 4. No teacher, State, county, township, or district school officer 
shall be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used, or to be used, in any school in this State, 
with which such officer or teacher may be connected, under such 
penalties as may be provided by the General Assembly, 



§ 5. There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation and time 
and manner of election, and term of office, shall be prescribed by 
law. 

Article IX. 

Section 12. No county, city, township, school district, or other 
municipal corporation, shall be allowed to become indebted in any 
manner or for any purpose, to an amount, including existing indebt- 
edness, in the aggregate exceeding five per centum on the value of 
the taxable property therein, to be ascertained by the last assessment 
for State and county taxes, previous to the incurring of such in- 
debtedness. Any county, city, school district, or other municipal 
corporation, incurring any indebtedness as aforesaid, shall before, or 
at the time of doing so, provide for the collection of a direct annual 
tax sufficient to pay the interest on such debt, as it falls due, and 
also to pay and discharge the principal thereof within twenty years 
from the time of contracting the same. This section shall not be 
construed to prevent any county, city, township, school district, or 
other municipal corporation, from issuing their bonds in compliance 
with any vote of the people which may have been had prior to the 
adoption of this Constitution in pursuance of any law providing 
therefor. 



AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF 

FREE SCHOOLS. 



Aeticle I. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



1. Time of election and term of ofl&ce. 

2. Oath and bond. 

g 3. Salary and office expenses. 



§ 4. Duties defined. 
? 5. Powers defined. 
i 6. Liabilities. 



Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly : That, at the election to be 
held on Tuesday after the first Monday of November, in the year of 
our Lord one thousand eight hundred and ninety, and quadrennially 
thereafter, there shall be elected by the legal voters of this State, a 
State Superintendent of Public Instruction, who shall hold his office 
for four years from the second Monday in January next after his 
election, and until his successor is duly elected and qualified. 

§ 2. Before entering upon his duties, he shall take and subscribe 
the oath of office prescribed by the Constitution, and shall also 
execute a bond, in the penalty of twenty-five thousand dollars 
($25,000) , payable to the People of the State of Illinois, with secur- 
ities to be approved by the Governor, conditioned for the prompt dis- 
charge of his duties as Superintendent of Public Instruction, and 



8 

for the faithful application and disposition, according to law, of all 
school moneys that may come into his hands by virtue of his oflBce. 
Said bond and oath, shall be deposited with the Secretary of State, 
and an action may be maintained thereon by the State at any time 
for a breach of the conditions thereof. 

§ 3. And the said State Superintendent shall receive, annually, 
such sum as may be provided by law, as a salary for the services 
required under the provisions of this act, or any other law that may 
be passed, and also all necessary contingent expenses for books, 
postage and stationery pertaining to his office, to be audited and 
paid by the State as the salaries and contingent expenses of other 
•officers are paid. 

§ 4. It shall be the duty of the said State Superintendent of 
Public Instruction — 

First — To keep an office at the seat of government of the State. 

Second — To file all papers, reports and public documents trans- 
mitted to him by the school officers of the several counties, each year 
separately. 

Third — To keep and preserve all other public documents, books 
and papers relative to schools, coming into his hands as State Super- 
intendent, and to hold the same in readiness to be exhibited to the 
Oovernor, or to any committee of either house of the General Assem- 
biy. 

Fourth — To keep a fair record of all matters pertaining to the busi- 
ness of his office. 

Fifth — To pay over, without delay, all sums of money which may 
come into his hands by virtue of his office, to the officer or person 
entitled to receive the same, in such manner as may be prescribed by 
law. 

Sixth — To counsel and advise in such manner as he may deem 
most advisable, with experienced and practical school teachers, as to 
the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in the 
State. 

Eighth — To be the general adviser and assistant of county super- 
intendents of schools in this State. 

Ninth — To address circular letters to county superintendents, from 
time to time, as he shall deem for the interests of schools, giving ad- 
vice as to the best manner of conducting schools, constructing school 
houses, furnishing the same, examining and procuring competent 
teachers. 

Tenth — To, on or before the 1st day of November preceding each 
regular session of the General Assembly, report to the Governor the 
condition of the schools in the several counties of the State; the 
whole number of schools which have been taught in each county in 
each of the preceding years, commencing on the 1st of July; what 
part of said number have been taught by males exclusively, and 
-what part by females exclusively; what part of said whole number 



have been taught by males and females at the same time, and what 
part by males and females at different periods; the number of 
scholars in attendance at said schools; the number of persons in 
each county under twenty- one years of age, and the number of such 
persons between the ages of twelve and twenty-one years that are 
unable to read and write; the amount of township and county funds; 
the amount of the interest of the State or common school fund, and 
of the interests of the township and county fund annually paid out; 
the amount raised by an ad valorem tax; the whole amount annually 
expended for schools; the number of school houses, their kind and 
condition; the number of townships and parts of townships in each 
county: the number and description of books and apparatus pur- 
chased for the use of schools and school libraries under the provis- 
ions of this act, the price paid for the same, the total amount 
purchased, and what quantity and how distributed, the number and 
condition of the libraries, together with such other information and 
suggestions as he may deem important in relation to the school laws, 
schools and the means of promoting education throughout the State; 
which report shall be laid before the General Assembly at each regu- 
lar session. 

Eleventh — To make such rules and regulations as may be neces- 
sary and expedient to carry into efficient and uniform effect the 
provisions of this act, and of all the laws which now are or may 
hereinafter be in force for establishing and maintaining free schools 
in this State. 

Twelfth — To be the legal adviser cf all school officers., and, when 
requested by any such school officers, to give his opinion in writing 
upon any question arising under the school laws of this State. 

Thirteenth — To hear and determine all controversies arising under 
the school laws of this State, coming to him by appeal from a county 
superintendent, upon a written statement of facts certified by the 
county superintendent. 

Fourteenth — To receive and file all proper reports made to him 
from time to time by the several county superintendents of this State 
as required by article II of this act, 

Fifteenih — To grant State certificates to such teachers as may be 
found worth}'^ to receive them, as provided for in section 2 of article 
VII of this act. 

Sixteenth — To be ex officio a member of the board of trustees of 
the University of Illinois and of the Southern Normal University. 

Seventeenth — To be ex officio a member of the Board of education 
of the State of Illinois, and to act as secretary thereof. 

Eighteenth — To report to the General Assembly of Illinois, at its 
regular sessions, the condition and expenditures of the Xormal Uni- 
versity, and such other information as may be directed by the Board 
of Education of the State of Illinois or by the General Assembly of 
this State. 



Nineteenth —To visit such of the charitable institutions of this 
State as are educational in their character, and to examine their 
facilities for instruction, and to prescribe forms for such reports as 
he may desire from the superintendents of such charitable institu- 
tions. 

§ 5. The said State Superintendent of Public Instruction shall 
be clothed with the following powers : 

First — To direct and cause the county superintendent of any 
county, directors or boards of trustees or township treasurer of any 
township, or other school officer, to withhold from any officer, town- 
ship, district or teacher, any part of the common school, or township, 
or other school fund, until such officer, township treasurer or teacher 
shall have made all schedules, reports and returns required of him 
by this act, and until such officers shall have executed and filed all 
official bonds and accounted for all common school or township or 
other school funds which have heretofore come into his hands, as re- 
quired of him by this act. 

Second — To require the several county superintendents of this 
State to furnish him with such information relating to their several 
offices as he may desire to embody in his report to the General As- 
sembly of this State. 

Third — To require the board of trustees of each township in this 
State to make, at any time he may desire, a report similar to the re- 
port required to be made by such trustees, on or before the fifteenth 
day of July preceding each regular session of the Creneral Assembly 
of this State, as provided for in section 28 of article III of this act. 

Fourth — Upon the recommendation of the county superintendent, 
or for good and sufficient reasons, to remit the forfeiture of the school 
fund by any township which may have failed to make the reports re- 
quired by law. 

Fifth — To determine and designate the particular statistics relat- 
ing to schools which the inferior officers shall report to the county 
superintendent for the use of his office. 

Sixth — To authorize the several county superintendents to procure 
such assistance as may be necessary to conduct county teachers' in- 
stitutes for not less than five days in each year. 

Seventh — To require annual reports from the authorities of incor- 
porated towns, townships, cities or districts holding schools by au- 
thority of special charters to the same extent as regular school officers 
are or may be required to make such reports. 

Eighth — To jequire the president, principal or other proper officer 
of every organized university, college, seminary, academy or other 
literary institution, whether incorporated or unincorporated, or here- 
after to be incorporated in this State, to make out such report as he 
may require in order that he may lay before the General Assembly a 
fair and full exhibit of the affairs and conditions of such institutions 
and of the educational resources of the State. 



6 

Ninth — To require the Auditor of Public Accounts to withhold 
from the county superintendent of any county the amount due any 
such county for its share of the interest on State school fund, or said 
county superintendent for his per diem compensation, until 'the re- 
port provided for in section 17 of article II of this act shall have been 
furnished as therein required. 

§ 6. The said State Superintendent of Public Instruction shall 
not be interested in the sale, proceeds or profits of any book, apparatus 
or furniture used, or to be used, in any school in this State, and for 
offending against the provisions of this section he shall be liable to 
indictment, and upon conviction shall be fined in a sum not less than 
twenty-five nor more than five hundred dollars, and may be impris- 
oned in the county jail not less than one month nor more than twelve- 
months, at the discretion of the court. 



Akticle II. 



COUNTY SUPERINTENDENTS. 



I 14. Powers defined. 

§ 15. Record of land sales. 

§ 16. Keport to county board. 

i 17. Report to State Superintendent. 

I 18, Collecting statistics, and suit against 
trustees as individuals. 

I 19. Approval of township treasurer's 
bond, and delivery of written state- 
ment to the township treasurer. 

§ 20. Apportionment of funds to townships. 

g 21. Loaning of county fund. 

§ 22. Appeal to the State Superintendent. 

§ 23. Delivery of money, books, papers, etc. ^ 
to successor in ofiBce. 



S 1. Time of election and term of office. 

§ 2. Oath and bond. 

? 3. Form of bond, 

§ 4. Obligors bound jointly and severally. 

I 5. Supervisors may require a new bond. 

g 6. Office and supplies. 

g 7. Liable to removal. (Repeal.) 

g 8. Vacancies. 

g 9. Time limited. 

g 10. Assistants. 

g 11. Commissions and per diem. 

g 12. Itemized bills and warrants from Au- 
ditor. 

g 13. Duties defined. 

Section 1. On Tuesday next after the first Monday in November 
A, D., 1890, and quadrennially thereafter, there shall be elected by 
the qualified voters of every county in this State a county superin- 
tendent of schools, who shall perform the duties required by law, and 
shall enter upon the discharge of his duties on the first Monday of 
December after his election. 

§ 2 He shall, before entering upon his duties, take the oath pre- 
scribed by the Constitution, and execute a bond payable to the Peo- 
ple of the State of Illinois, with two or more responsible freeholders 
as security, to be approved by the county board or by the judge and 
clerk of the county court, in a penalty of not less than twelve thou- 
sand dollars ($12,000), to be increased at the discretion of the said 
county board, conditioned that he will faithfully perform all the 
duties of his office according to the laws which are or may be in force 
during his term of office. 



7 

§ 3. The bond required in the foregoing section shall be in the 
following form, viz. : 

State of Illinois, \„„ 
County. / ^^• 

Know all men by these presents, that we, A B, C D, 
and E F, are held and firmly bound, jointly and severally, unto the People 

of the State of Illinois, in the penal sum of dollars, to 

the payment of which we bind ourselves, our heirs, executors and adminis' 
trators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 

day of A. D. 18.... 

The condition of the above obligation is such, that if the above bounden 
A B, County Superintendent of the county aforesaid, shall faithfully dis- 
charge all the duties of such office, according to the laws which now are and 
may hereafter be in force, and shall deliver over to his successor in office all 
moneys, books and papers and property in his hands, as such County Super- 
intendent, then this obligation to be void, otherwise to remain in full force 
and virtue. 

A B [Seal.] 
C D [Seal.] 
E F [Seal.] 

And which bond shall be filed in the office of the County Clerk. 

§ 4. The obligors in such bond shall be bound jointly and sever- 
ally, and upon it an action or actions may be maintained by the board 
of trustees of the proper township, or any other corporate body inter- 
ested, for the benefit of any township or fund injured by any breach 
of the conditions thereof. 

§ 5. If a majority of the county board shall be satisfiel at an 3 
time that the bond of said county superintendent is insufficient, it 
shall be the duty of such superintendent, upon notice being given to 
him by the clerk of such board, to execute a new bond, conditioned 
and approved as the first bond: Provided, that the execution of 
such new bond shall not affect the old bond or the liability of the 
securities thereon. 

§ 6. It shall be the duty of the county board of the county to 
provide the said county superintendent with a suitable office, with 
necessary furniture and office supplies, as is done in the case of other 
county officers. 

§ 7. The said county superintendent shall be liable to removal 
by the county board for any palpable violation of law or omission of 
duty. [Repealed by act approved June 15, 1893. 

§ 8. When the office of county superintendent of schools shall 
become vacant by death, resignation, the removal of the incumbent 
by the county board or otherwise, the county board shall fill the 
vacancy by appointment, and the person so appointed shall hold his 
office until the next election of county officers, at which election the 
county board shall order the election of a successor: Provided, that 
if a vacancy shall not be filled by the county board within thirty 
days of the time the vacancy occurs by reason of a tie vote of said 
board upon the vote to fill the vacancy, or from any other cause, then 
it shall be the duty of the clerk to the county board to summons the 
connty judge of the county in which the v^ancy exists to meet with 



the county board at a time and place to be designated by the clerk, 
of which meeting the members of the county board shall have notice; 
and said county board and county judge, when so notified, shall meet 
at the time and place designated, of [at] which meeting the county 
judge shall preside, and in case of a tie vote he shall give the casting 
vote. Upon the appointment of a person to fill the vacancy of county 
superintendent of schools, the clerk of the county board shall notify 
the person so selected and appointed by the board of his selection 
and appointment, and he shall hold his office until the next election 
of county officers, at which election the county board shall order the 
election of a successor. [As amended by an act approved April 22, 
1899. 

§ 9. In counties having not more than one hundred (100) schools, 
the county board may limit the time of the superintendent: Pro- 
vided, that in counties not having more than fifty (50) schools, the 
limit of time shall not be made less than one hundred and fifty (150) 
days a year; in counties having from fifty-one (51) to seventy-five 
(75) schools, not less than two hundred (200) days a year; and in 
counties having from seventy-six (76) to one hundred (100) schools, 
not less than two hundred and fifty (250) days a year. 

§ 10, The county superintendent may, with the approval of the 
county board, employ such assistant or assistants as he needs for the 
full discharge of his duties. Such assistants shall be persons of 
good attainments, versed in the principles and methods of education, 
familiar with public school work, and competent to visit schools. 
Such assistants shall receive such compensation as may be fixed by 
the county board. 

§ 11. County superintendents shall receive in full, for all services 
rendered by them, commissions as follows: Three per cent commis- 
sion upon the amount of sales of school land, or sales of land upon 
mortgage, or of sales of real estate taken for debt, including all ser- 
vices therewith. Two per cent commission upon all sums distribu- 
ted, paid or loaned out by them for the support of schools. For all 
other duties required by law to be performed by them, four dollars 
($4) a day for such number of days as shall be spent in the actual 
performance of their duties, not exceeding the number fixed by the 
county boards in counties in which the boards are given power to fix 
the number of days by section 9 of this article of this act, and one 
($1) a day, for expenses for the number of days actually spent in 
school visitation. 

§ 12. The county superintendents shall present under oath, or 
affirmation, their itemized bills for their per diem compensation 
and for the expenses allowed by this article of this act, when visiting 
schools, together with a report of all their acts as such county super- 
intendent, or assistant, including a list of all the schools visited, 
with the dates of visitation, to the county board, at the annual meet- 
ing of such county board in September, and as near quarterly there- 
after as such board may have regular or special meetings, and after 
the bills have been audited by the county board, the county clerk 
shall certify to such auditing upon the bills, and transmit them to 



9 

the Auditor of Public Accounts, who shall, upon receipt of them, re- 
mit in payment thereof to each superintendent his warrant upon the 
State Treasurer for the amount certified to be due him. The said 
Auditor, in making his warrant to any county for the amount due it 
from the State school fund, shall deduct from it the several amounts 
"for which warrants have been issued to the county superintendent of 
said county since the next proceeding apportionment of the State 
school fund. 

§ 13. It shall be the duty of each county superintendent of schools 
in this State — 

First — To sell township fund lands, issue certificate of purchase, 
report to the county board and State Auditor, and perform all other 
duties pertaining thereto, as required by article XIII of this act. 

Second — To register applicants for admission to the State Normal 
Universities and to the University of Illinois, and to assist in the ex- 
amination of the same as directed by the State Board of Education 
or other proper authorities. 

Third — To visit each school in the county at least once a year, and 
in the performance of this duty he shall spend at least half the time 
■given to his oflfice, and more, if practicable, in visiting ungraded 
schools. 

Fourth — To note, when visiting schools, the methods of instruc- 
tion, the branches taught, the text-books used, and the discipline, 
government and general condition of the schools. 

Fifth — To give to teachers and school officers such directions in 
the science, art and methods of teaching and courses of study as he 
may deem expedient and necessary. 

Sixth — To act as the official adviser and constant assistant of the 
school officers and teachers of his county; and in the performance of 
this duty he shall faithfully carry out the advice and instruction of 
the State Superintendent of Public Instruction. 

Seventh — To conduct as provided for in section 10 of articles VII of 
this act, a teachers' institute, and to aid and encourage the forma- 
tion of other teachers' meetings, and to assist in their management. 

Eighth — To labor in every practicable way to elevate the stand- 
«,rd of teaching, and improve the condition of the common schools of 
his county. 

Ninth — To examine, at least once each year, all books, accounts 
and vouchers of every township treasurer in his county, and if he 
finds any irregularities in them he shall at once report the same in 
writing to the board of trustees, whose duty it shall be to take, im- 
mediately, such action as the case demands. 

Tenth — To examine all notes, bonds, mortgages, and other evi- 
dences of indebtedness which the township treasurer holds officially, 
and if he finds that if the papers are not in proper form, or that the 
securities are insufficient, he shall so state in writing to the board of 
trustees. 



10 

Eleventh — To give notice of the election of trustees in cases such as; 
those provided for in section 15, article III of this act. , 

Twelfth — To file and safely keep the poll books and returns of any 
election required to be returned to the county superintendent by any 
provision of this act. 

Thirteenth — To investigate and determine all matters pertaining to 
the change in the boundaries of school districts which may come to 
him by appeal from the decision of the school trustees, and to notify 
the township treasurer, from whom the papers relating to the matter 
were received, of his decision of the matter. 

Fourteenth— To give notice of the election of school directors in 
cases such as are provided for in section 9 of article V of this act. 

Fifteenth — To hold meetings, at least quarterly, for the examina- 
tion of teachers, as provided for in section 7 of article VII of this act. 

Sixteenth — To grant certificates of qualification to such persons as 
may be qualified to receive them, as provided for in section 3 of article 
VII of this act; and to keep a record of all teachers to whom such 
certificates have been granted, as provided for by section 4 of article 
VII of this act; and to keep a record of all teachers employed in; 
teaching in this county. 

Seventeenth — To keep a just and true account of all moneys re- 
ceived and all moneys paid out on account of the "institute fund,"" 
and make report thereof to the county board, as provided for in sec- 
tion 9 of article VII of this act. 

Eighteenth — To present to the county board of the county, at^he 
first regular meeting thereof, annually, the report required by sec- 
tion 3 of article XI of this act. 

Ninteenth — To notify presidents of boards of trustees and clerks of 
school districts, on or before September 30, annually, of the amount 
of money paid by him to the township treasurer, and the date of such 
payments. 

Twentieth — To receive and file, on or before the 15th day of July 
preceding each regular session of the General Assembly, and at such 
other times as may be required by the State or county superintend- 
ent, a statement from the board of trustees of each township, giving 
such statistics and information as may be called for. 

§ 14. The said county superintendent shall have power — 

Frst — To require the board of trustees of each township in his 
county to make, at any time he may desire, the report provided for in 
section 28 of article III of this act. 

Second — To recommend to the State Superintendent the remission 
of the penalty provided for a failure by the trustees of schools to 
make the reports provided for by law. 

Third— To renew teachers' certificates at their expiration by his 
indorsement thereon. 

i^oin-^/i— To revoke the certificate of any teacher for immoralityj 
incompetency, or other cause. 



11 

Fifth — To direct in what manner township treasurers shall keep 
their books and accounts. 

Sixth — To bring suit against the county collector for a failure to 
pay State Auditor's warrant, as provided for in section 5 of article 
XII of this act. 

Seventh — To remove any school director from oflSce for a willful 
failure to perform the duties of his office. 

Eighth — To lease and sell real estate in cases provided for in sec- 
tion 26 of article XIII of this act, in the manner therein specified, 

§ 15. The said county superintendent shall provide three weU' 
bound books, which shall be paid for from the county treasury. These 
books shall be known and designated by letters A, B, C, for the fol- 
lowing purposes: In book "A" he shall record at length all petitions 
presented to him for the sale of common school lands, and the plats 
and certificates of valuation made by or under the direction of the 
trustees of schools, and the affidavits in relation to the same. In 
book "B" he shall keep an account of all sales of common school 
lands, which account shall contain the date of sale, name of purchaser,, 
description of land sold and the sum sold for. In book "C" he shall 
keep a regular account of all moneys received for lands sold or other- 
wise, and loaned or paid out; the persons from whom received, and 
on what account, and showing whether it is principal or interest; the 
person to whom loaned, the time for which the loan was made, the 
rate of interest, the name of the securities, when personal security is 
taken, or if real estate is taken as security, a description of the real 
estate; and if paid out, to whom, when, and on what account, and the 
amount paid out; the list of sales and the account of each township 
fund to be kept separate. 

§ 16. The county superintendent shall report, in writing, to the 
county board, at their regular meeting in September of each year, 
giving first, the balance on hand at the time of the last report and a 
statement in detail of all receipts since that date, and the sources 
from which they were derived; second, the amount paid for expenses;, 
third, the amount of his commissions; fourth, the amount distributed 
to each of the township treasurers in his county; fifth, any balance 
on hand. He shall also present for inspection at the same time his 
books and vouchers for all expenditures, and all notes or other evi- 
dences of indebtedness which he holds officially, with the securities 
of the same; and he shall give in writing a statement of the condition 
of the county fund, of the institute fund, and of any township funds 
of which he may have the custody. 

§ 17. On or before the 15th day of August before each regular- 
session of the General Assembly of this State, or annually, if so re- 
quired by the State Superintendent of Public Instruction, the county 
superintendent shall communicate to said State Superintendent all 
such information and statistics upon the subject of schools in his said; 
county as the said State Superintendent is bound to embody in his. 
report to the Governor, and such other information as the State- 
Superintendent shall require. 



12 

§ 18._ In all cases where the township board of trustees of any 
township shall fail to prepare and forward, or cause to be prepared 
and forwarded to the county superintendent, the information and 
statistics required of them in this act, it shall be the duty of the said 
county superintendent to employ a competent person to take the 
enumeration and furnish such statistical statement, as far as prac- 
ticable, to the superintendent; and such person so employed shall have 
free access to the books and papers of said township to enable him 
to make such statement; and the township treasurer, or other officer 
or person in whose custody such books and papers may be, shall 
permit such person to examine such books and papers at such times 
and places as such person may desire for the purposes aforesaid; and 
the said county superintendent shall allow, and pay to the person 
so employed by him, for the services such amount as he may judge 
reasonable out of any money which is or may come into said'super- 
intendent's hands, apportioned as the share of or belonging to such 
township; and the said county superintendent shall proceed to re- 
cover and collect the amount so allowed or paid for such services, in 
a civil action before any justice of the peace in the county, or before 
any court having jurisdiction in the name of the People of the State 
of Illinois, of and against the trustees of schools of said township in 
their individual capacity; and in such suit or suits the said county 
superintendent and township treasurer shall be competent witnesses; 
and the money so recovered, when collected, shall be paid over to 
the county superintendent for the benefit of said township, to re- 
place the money taken as aforesaid. 

§ 19. Whenever the bond of any township treasurers approved by 
the board of trustees of schools, as required by law, shall be delivered 
to the county superintendent, he shall carefully examine the same, 
and if the instrument is found in all respects to be according to law, 
and the securities good and sufficient, he shall endorse his approval 
thereon, have it recorded in the circuit qlerk's office, and file the 
same with the papers of his office, but if said bond is in any respect 
defective, or if the penalty is insufficient, he shall return it for cor- 
rection. When the bond shall have been duly received and filed, the 
superintendent shall, on demand, deliver to said township treasurer 
a written statement certifying that his bond has been approved and 
filed, and that said township treasurer is entitled to the care and cus- 
tody, on demand, of all moneys, bonds, mortgages, notes and secur- 
ities, and all books, papers and property of every description belong- 
ing to said township. 

§ 20. Upon the receipt of the amount due upon the Auditor's 
warrant, the county superintendent shall apportion said amount, also 
the interest on the county fund and the fines and forfeitures, to the 
several townships or parts of townships in his county, in which 
townships or parts of townships schools have been kept in accord- 
ance with the provisions of this act, and with the instructions of the 
State and county superintendents, according to the number of 
children, under twenty-one years of age, returned to him, and shall 
pay over the distributive share belonging to each township and 
fractional township, to the respective township treasurers, or other 



13 

authorized person annually: Provided, that no part of the State> 
county or other school fund shall be paid to any township treasurer 
or other person authorized by said treasurer, unless said township 
treasurer has filed his bond, as required by section 1 of article IV of 
this act; nor in case said treasurer is reappointed by the trustees, 
unless he shall have renewed his bond and filed the same as afore- 
said. 

§ 21. The county superintendent may loan any money, not inter- 
est, belonging to the county fund, or to any township fund, before 
the same is called for, according to law, by the township treasurer, 
at the same rate of interest, upon the same security and for the same 
length of time as is provided by this act in relation to the township 
treasurers, and apportion the interest as provided in the preceding 
section; and notes and mortgages taken in the name of the "county 
superintendent" of the proper county are hereby declared to be as 
valid as if taken in the name of "trustees of schools" of the proper 
township, and suits may be brought in the name of "county superin- 
tendents" on all notes and mortgages heretofore or hereafter made 
payable to the county superintendents. 

§ 22. In all controversies arising under the school law, the opinion 
and advice of the county superintendent shall first be sought, whence 
appeal may be taken to the State Superintendent of Public Instruc- 
tion upon a written statement of facts certified by the county super- 
intendent. 

§ 23. The county superintendent, upon his removal or resigna- 
tion, or at the expiration of his term of office, (or in case of his death, 
his representatives,) shall deliver over to his successor in office, on 
demand, all moneys, books, papers and personal property belonging 
to the office or subject to the control or disposition of the county 
superintendent. 

Article III. 



TOWNSHIP TRUSTEES OF SCHOOLS. 



? 1. 

§ 2. 

§ 3. 

i 4. 

?. 5. 

i 6. 

2 7. 

§ s. 

i 9. 

g 10. 

e 11. 

g 12. 



School township. 

Fractional township consolidated. 

School business of the township. 

Trustees a body politic. 

Annual election. 

Term of office. 

Age, residence and eligibility. 

Notice of election, and form of elec- 
tion notice. 

Election in certain cases lo be held on 
any Saturday, and notice to be 
given by county clerk. 

Trustees draw lots for their terms of 
office in certain cases. 

Judges of election. 
Qualification of voters. 



§13. Conduct of elections; contesting elec 
tions; polls may be closed at 4 p. m. 

g 14. Judges may postpone election. 

g 15. County superintendent to order elec- 
tion. 

g 16. Vacancies. 

g 17. Tie at an election. 

g 18. More than one polling place; canvass- 
ing the returns and making out a 
certificate. 

g 19. Election when township is same as 
town. 

g 20. Poll book; failure to deliver the same 

g 21. County clerks to furnish list of trus- 
tees elected at town meetings. 

g 22. Organization; appointment of presi-^ 
dent and treasurer. 



14 



i 23. 

g 24. 
g 25. 
§ 26. 

^ 27. 
g 28. 

§ 29. 

g 30. 

g 31. 

I 32. 

g 33. 
.^ 34. 

=1 35. 

^ 36. 
« 37. 

I 38. 

g 39. 
J 40. 



1 41. 

g 42. 

g 43. 



Term of ofifiee of president and treas- 
urer; their removal. 

Record of proceedings. 

Meetings of trustees and quorum. 

Distribution to districts; basis of the 
same. 

Funds placed to the credit of districts. 

Report to county superintendent; 
items ; forfeiture for failure to re- 
port. 

Separate enumeration; statistics not 
divisible. 

Examination of township treasurer's 
books, etc., by trustees. 



Gifts, grants, etc. 
houses. 



title of school 



Sale of school house; form of notice 
of sale. 

Conveyance of real estate; how made. 

Township treasurer custodian of 
bonds; power to remove or sue that 
official. 

Power to purchase real estate in sat- 
isfaction of judgments. 

Power to make settlements. 

Power to lease land, or sell at public 
auction. 

Township high school, and form of 
notice for high school election. 

Ballots for high school election. 

Election for members of township 
board of education; term of office; 
vacancies; organization of the 
board, and establishment of the 
school. 

Powers of township board of educa- 
tion. 

Two or more townships, or two or 
more school districts, may join in 
establishing a high school; certain 
high school districts legalized. 

Discontinuance of township high 
school. 



g 44. Canvass of ballots and disposition of 
assets. 

§ 45. Interests In school books; penalties. 

§ 46. Districts in newly organized town- 
ships. 

g 47. Changes in district boundaries. 

§ 48. Who may petition. 

g 49. Districts having less than 100,000 in- 
habitants, even under special char- 
ter, may vote to change boundaries. 

g 50. Filing of the petition; notice to the 
districts, and form of notice. 

g 51. Territory lying in two or more town- 
ships. 

g 52. Adjournmentof the board. 

§ 53. Acting upon the petition. 

g 54. Appeal and form of notice. 

g 55. Clerks transmit papers to the county 
superintendent. 

g 56. Appeal in case of territory divided by 
county lines. 

g 57. Filing map and list of taxpayers. 

g 58. District with a bonded debt. 

g 59. Election in new districts, and form of 
notice . 

g 60. Conduct of election. 

§61. Organization of board. 

g 62. Election in districts organized by ac- 
tion of the county superintendent. 

§63. Distribution of funds. 

§ 64. Appraisement of property. 

g 65. Liability of trustees in reference to 
distribution of funds. 

§66. Liability of clerk. 

§ 67. District failing to have school for two 
years. 

§ 68. Dissolution of union district. 

g 69. Successors to trustees>f school lands. 



Section 1. Each congressional township is hereby established a 
township for school purposes. 

§ 2. Whenever any fractional township contains less than two 
hundred (200) persons under twenty-one years of age, the trustees 
thereof, upon petition of a majority of the adult inhabitants of such 
fractional township, may, by written agreement entered into with 
the board of trustees of any adjacent township, consolidate the terri- 
tory, school funds and other property of such fractional township 
with such adjacent township, and thereafter shall cease to exercise 



15 

"the functions^ of school trustees for such fractional township; and 
:such territory, school funds and other property, aforesaid, shall there- 
after be managed by the board of trustees of such adjacent and con- 
solidated township in accordance with the terms of agreement afore- 
said, in the same manner as is, or may be, provided by law, for the 
management of territory, funds and other property of school town- 
ships: Provided, that the said written agreement shall be duly 
signed by a majority of the said trustees, and filed for record by the 
said trustees in the office of the county clerk of the county in which 
such consolidated township, or the greater part thereof, is situated. 
[As amended June 21, 1895. 

§ 3. The school business of the township shall be done by three 
trustees, to be elected by the legal voters of the township, as herein- 
after provided for. 

§ 4. Said trustees shall be a body politic and corporate, by the 
name and style of "trustees of schools of township No.... range 
No. . . .," according to the number. The said corporation shall have 
perpetual existence, shall have power to sue and be sued, to plead 
and be impleaded, in all courts and places where judicial proceedings 
are had. 

§ 5. The election of trustees of schools shall be on the second 
Saturday in April, annually. 

§ 6. At the first regular election of trustees, after the passage of 
this act, a successor to the trustee whose term of office then expires 
shall be elected, and thereafter one trustee shall be elected annually. 
Said trustees shall continue in office three years, and until their suc- 
cessors are elected and enter upon the duties of their office. 

§ 7. No person shall be eligible to the office of trustee of schools 
unless twenty-one years of age, and a resident of the township. And 
where there are three or more school districts in any township, no 
two trustees shall reside, when elected, in the same school district, 
nor shall a person be eligible to the office of trustee of schools and 
school director at the same time. 

[I§ 8. Notice of the election of school trustee shall be given by the 
township treasurer, upon the order of the trustees of schools, by 
posting notices of such election at least ten days previous to the 
time of such election in not less than five of the most public places 
in said township, which notices shall specify the time and place of 
election and the object thereof, and may be in the following form, 
viz.: 

Public notice is hereby given that on Saturday, the day of 

April, A. D ,an election will be held at , be- 
tween the hours of and of said day, for the purpose of 

electing school trustee for township JMo , range No By 

order of the board of trustees of said township. 



lownship Treasurer. 

§ 9. In townships where no election for school trustees has here- 
tofore been held, or in townships where, from any cause, there are 
no trustees of schools, the election of trustees of schools may be 



16 

liolden on any Saturdaj', notice thereof being given as required by 
section 8 of this article. The first election in such township shall be 
ordered by the county clerk of the county, who shall cause notice to 
be given as aforesaid. 

§ 10. In case of an election held, as required by the preceding 
section, the trustees elected, at their first meeting, shall draw lots for 
their respective terms of office for o7ie, two and three years; and 
thereafter one trustee shall be elected annually, at the usual time for 
electing trustees, to fill the vacancy occurrinc^. At all elections after 
said first election, the said notice shall be given by the trustees of 
schools, through the township treasurer, as in other elections for 
trustees. 

§ 11. The trustees of schools of incorporated townships present 
shall act as judges, and choose a person to act as clerk of said elec- 
tion. If the trustees (or any of them) shall fail to attend, or refuse 
to act when present, the legal voters present shall choose from their 
own number such additional judges as may be necessary. In any 
township lying within the limits of a city, village or incorporated 
town, which has adopted the provisions of "An act regulating the 
holding of elections, and declaring the result thereof in cities, vil- 
lages and incorporated towns in this State,-' approved June 19, 1885, 
the said election shall be held under the provisions of said act. In 
unincorporated townships, the qualified voters present shall choose, 
from amongst themselves, the number of judges required to open 
and conduct said election. 

§ 12. No person shall vote at any school election held under the 
provisions of this act, unless he possesses the qualifications of a 
voter at a general election. 

§ 13. The time and manner of opening, conducting and closing 
said election, and the several liabilities appertaining to the judges 
and clerks and to the voters, separately and collectively, and the 
manner of contesting said election, shall be the same as prescribed 
by the general election laws of this State defining the manner of 
electing magistrates and constables, so far as applicable, subject to 
the provisions of this act: Provided, that said election may com- 
mence, if so specified in the notice, at any hour between the hours of 
eight (S) o'clock a. m., and one (1) o'clock p. m., and the judges may 
close such election at four (-1) o'clock p. m. 

§ 14. If, upon any day appointed for the election of trustees of 
schools, the said trustees of schools or judges shall be of opinion 
that, on account of the small attendance of voters, the public good 
requires it, or if a majority of the voters present shall desire it, they 
shall postpone said election until the next Saturday, at the same place 
and hour, at which time and meeting the voters shall proceed as if it 
were not a postponed or adjourned meeting: Provided, that if notice 
shall not have been given of such election, as required by section 8 of 
this article, then and in that case said election may be ordered as 
aforesaid, and holden on any other Saturday, notice thereof being 
given as aforesaid. 



17 

§ 15. If the township treasurer shall fail or refuse to give notice 
of the regular election of trustees, as required by said section 8 of 
this article, and if, in case of a vacancy, the remaining trustee or 
trustees shall fail or refuse to order an election to fill such vacancy, 
as required by section 16 of this article, then, and in each of such 
cases, it shall be the duty of the county superintendent to order an 
election of trustees to fill such vacancies as aforesaid, and all elections 
so ordered and held shall be valid to all intents and purposes whatever. 

§ 16. When a vacancy or vacancies shall occur in the board of trus- 
tees of schools, the remaining trustee or trustees shall order an elec- 
tion to fill such vacancy, upon any Saturday, notice to be given as 
required by said section 8 of this article. 

§ 17. In case of a tie vote at any election of trustees of schools, 
the election shall be determined by lot, on the day of the election, by 
judges thereof. 

§ 18. In townships where, for general elections, there are more than 
two (2) polling places, the trustees shall give notice that polls will 
be opened for such elections in at least two places; in which case at 
least one of said trustees shall attend at each of said places, and addi- 
tional judges shall be chosen as provided in section eleven (11) of 
this article: Provided, there shall be at least one polling place for 
each eight hundred legal voters in said township. Should the polling 
places be in excess of the number of trustees, then the voters at such 
polling places so in excess shall select from their number the requi- 
site number of voters, who shall act as judges of said election in the 
manner provided by said section eleven (11) for the election of trus- 
tees in unincorporated townships. Said judges shall return the bal- 
lots and original poll-books, with a certificate thereon, showing the 
result of the election in said precinct, to the township treasurer of 
the township in which said election shall be held, whereupon it shall 
be the duty of the board of trustees of said township, within five days 
after said election, to meet and to canvass the returns from each pre- 
cinct, to make out a certificate showing the number of votes cast for 
each person in each precinct, and in the whole township, and shall 
file said certificate with the county superintendent of schools as 
otherwise provided by law. 

§ 19. In counties adopting township organization, in each and 
every township whose boundaries coincide and are identical with those 
of the town, as established under the township organization laws, the 
trusee or trustees shall be elected at the same time and in the same 
manner as the town officers. In all such townships, if no trustees 
are elected at the stated town meeting, and when vacancies occur in 
the board, an election of trustee or trustees shall be ordered by the 
remaining trustee or trustees of schools, through the township treas- 
urer, as provided for in section nine (9) of this article. 

§ 20. Upon the election of trustees of schools, the judges of the 
election shall, within ten (10) days thereafter, cause a copy of the 



—2 S. 



18 

poll-book of said election to be delivered to the county superintend- 
ent of the county, with a certificate thereon showing the election of 
said trustees and the names of the persons elected; which copy of the 
poll-book, with the certificate, shall be filed by said superintendent, 
and shall be evidence of such election. For a failure to deliver said 
copy of the poll-book and certificate within the time prescribed, the 
judges shall be liable to a penalty of not less than twenty-five dollars 
($25) nor more than one hundred dollars ($100), to be recovered in 
the name of the People of the State of Illinois, by action of assump- 
sit, before any justice of the peace of the county, which penalty 
when collected, shall be added to the township school fund of the 
township, 

§ 21. When school trustees are elected at town meetings, as 
provided in section nineteen (19) of this article, it shall be the duty 
of the county clerk, as soon as the list of the names of officers elected 
at the town meetings is filed with him, to give to the county super- 
intendent a list of the names of all school trustees elected at the 
town meetings of the county, and of the towns for which they are 
elected. 

§ 22. Within ten days after the annual election of trustees, the 
board shall organize by appointing one of their number president, 
and soma person who shall not be a director or trustee; but who shall 
be a resident of the township, treasurer, if there be a vacancy in this 
office, who shall be ex officio clerk of the board. 

§ 23. The president shall hold his office for one year, and the 
treasurer for two years, and until their successors are appointed, but 
either of said officers may be removed by the board for good and 
sufficient cause. 

§ 24. It shall be the duty of the president to preside at all meet- 
ings of the board and it shall be the duty of the clerk to be present 
at all meetings of the board, and to record in a book to be provided 
for the purpose all of their official proceedings, which book shall be 
a public record, open to the inspection of any person interested 
therein. All of said proceedings when recorded shall be signed by 
the president and clerk. If the president or clerk shall be absent or 
refuse to perform any of the duties of his office at any meeting of the 
board, a president or clerk pro tern may be appointed. 

§ 25. It shall be the duty of the board of trustees to hold regular 
semi-annual meetings on the first Mondays of April and October, 
and special meetings may be held at such other times as they think 
proper. Special meetings of the board may be called by the presi- 
dent or any two members thereof. At all meetings two members 
shall be a quorum for business. 

§ 26. At the regular semi-annual meetings on the first Mondays 
of April and October, the trustees shall ascertain the amount of 
State, county and township funds on hand and subject to distribu- 
tion, and shall apportion the same as follows: 

First — Whatever sum may be due for the compensation and the 
books of the treasurer, and such sum as may*be deemed reasonable 
and necessary for dividing school lands, making plats, etc. 



19 

Second — And the remainder of such funds shall be divided among 
the districts, or fractions of districts, in which schools have been 
kept in accordance with the provisions of this act and the instruc- 
tions of the State and county superintendents during the preceding 
year ending June 30, in proportion to the number of children under 
twenty-one (21) years of age in each. 

§ 27. The funds thus apportioned shall be placed on the books of 
the treasurer to the credit of the respective districts, and the same 
shall be paid out by the treasurer on the legal orders of the directors 
of the proper districts in the same manner as other funds of the dis- 
trict are paid out. 

§ 28. The board of trustees of each township in this State shall 
prepare, or cause to be prepared, by the township treasurer, the clerk 
of the board, the directors of the several districts, or other person, 
and forwarded to the county superintendent of the county in which 
the township lies, on or before the 15th day of July, preceding each 
regular session of the General Assembly of this State, and at such 
other times as may be required by the county superintendent, or by 
the State Superintendent of Public instruction, a statement exhibit- 
ing the condition of schools in their respective townships for the pre- 
ceding biennial period, giving separately each year, commencing on 
the first day of July and ending on the last of June, which statement 
shall be as follows: 

First— The whole number of schools which have been taught in 
each year; what part of said number have been taught by males ex- 
clusively; what part have been taught by females exclusively; what 
part of said whole number have been taught by males and females at 
the same time, and what part by males and females at different 
periods. 

Second — The whole number of scholars in attendance at all the 
schools, giving the number of males and females separately. 

Third — The number of male and female teachers, giving each sep- 
arately; the highest, lowest, and average monthly compensation paid 
to male and female teachers, giving each item separately. 

Fourth — The number of persons under twenty-one years of age, 
making a separate enumeration of those above the age of twelve 
years who are unable to read and write, and the cause or causes of 
the neglect to educate them. 

Fifth — The amount of the principal of the township fund; the 
amount of interest of the township fund paid into the township 
treasury; the amount raised by ad valorem tax and the amount of 
such tax received into the township treasury, and amount of all 
other funds received into the township treasury. 

Sixth — Amount paid for teachers"' wages; the amount paid for 
school house lots; the amount paid for building, repairing, purchas- 
ing, renting and furnishing school houses; the amount paid for 
school apparatus, for books and other incidental expenses for the use 
of school libraries; the amount paid as compensation to township 
officers and others. 



20 

Seventh — The whole amount of the receipts and expenditures for 
school purposes, together with such other statistics and information 
in regard to schools as the State Superintendent or county superin- 
tendent may require. And any township from which such report is 
not received in the manner and time required by law, shall forfeit its 
portion of the public fund for the next ensuing year: Provided, 
that upon the recommendation of the county superintendent, or for 
good and sufficient reasons, the State Superintendent may remit 
such forfeiture. 

§ 29. In all cases where a township is, or shall be divided by 
county line or lines, the board of trustees of such township shall 
make or cause to be made separate enumerations of male and female 
persons of the ages as directed by section 28 of this article, designat- 
ing separately the number residing in each of the counties in which 
such township may lie, and forward each respective number to the 
proper county superintendent of each of said counties; and in like 
manner, as far as practicable, all other statistics and information 
enumerated and required to be reported in the aforesaid section, shall 
be separately reported to the several county superintendents; and all 
such parts of said statistical information as are not susceptible of 
division and are impracticable to be reported separately, shall be re- 
ported to the county superintendent of the county in which the six- 
teenth section of such township is situated. 

§ 30. At each semi-annual meeting, and at such other meetings 
as they may think proper, the said township board shall examine all 
books, notes, mortgages, securities, papers, moneys and effects of the 
corporation, and the accounts and vouchers of the township treas- 
urer, or other township school officer, and shall make such order 
thereon for their security, preservation, collection, correction of 
errors, if any, and for their proper management, as may seem to said 
board necessary. 

§ 31. The trustees of schools in each township in the State may 
receive any gift, grant, donation or device made for the use of any 
school or schools, or library, or other school purposes within their 
jurisdiction, and they shall be and are hereby invested, in their cor- 
porate capacity, with the title, care and custody of all school houses 
and school house sites: Provided, that the supervision and control 
of such school houses and school house sites shall be vested in the 
board of directors of the district. 

§ 32. When, in the opinion of any board of directors, the school 
house site or any buildings have become unnecessary or unsuitable 
or inconvenient for a school, the board of trustees, on petition of a 
majority of the voters of the district, shall sell and convey the same 
in the name of the said board, after giving at least twenty days' 
notice of such sale by posting up written or printed notices thereof, 
particularly describing said property, and the terms of sale, which 
notice may be in the following form, viz.: 



21 

Public notice is hereby given that on the day of , A. D. 

, the trustees of schools of township No , range No , will 

sell at public sale, on the premises hereinafter described, between the hours 
of 10 o'clock a. m. and 3 o'clock p. m., the school house situated on the 
school house site, known as (here describe the site by its number, commonly 
known name, or other definite description), and located in the (here describe 
its place in the section), which sale will be made on the following terms, to- 
wit: (Here insert as "one-third of the purchase money cash in hand, and the 
balance in two equal payments, due in one and two years from day of sale, 
with interest at the rate of per cent from date.") 

A. B. 

C. D. 

E. F. 

Trustees. 

And the deed of conveyance of the property so sold shall be exe- 
cuted by the president and clerk of said board, and the proceeds of 
such sale shall be paid over to the township treasurer, for the benefit 
of said district. 

§ 33. All conve5'^ances of real estate which may be made to said 
board, shall be made to said board in their corporate name, and to 
their successors in office, 

§ 34. The township board shall cause all moneys for the use of 
the townships and districts to be paid over to the township treasurer, 
who is hereby constituted and declared to be the only lawful depos- 
itary and custodian of all township and district school funds. They 
shall have power also to remove the township treasurer, at any time, 
for any failure or refusal to execute or comply with any order or 
requisition of said board, legally made and entered of record, or for 
other improper conduct in the discharge of his duty as treasurer. 
They shall also have power for any failure or refusal as aforesaid to 
sue him upon his official bond and recover all damages sustained by 
the said board in its corporate capacity, by reason of such neglect or 
refusal as aforesaid. 

§ 35. The townghip trustees are hereby vested with general power 
and authority to purchase real estate, if in their opinion the interests 
of the township fund will be promoted thereby, in satisfaction of any 
judgment or decree wherein the said board or the county superin- 
tendent are plaintiffs or complainants; and the title of such real 
estate so purchased shall vest in said board for the use of the in- 
habitants of said township, for school purposes. 

§ 36. The board of trustees are hereby vested with general power 
and authority to make all settlements with persons indebted to them 
in their official capacity; or to receive deeds to real estate in com- 
promise; and to cancel, in such manner as they may think proper, 
notes, bonds, mortgages, judgments and decrees, existing or that may 
hereafter exist, for the benefit of the township, when the interest of 
said township, or of the fund concerned shall, in their opinion, re- 
quire it; and their action in the premises shall be valid and binding. 

§ 37. The board of trustees are hereby authorized to lease or sell 
at public auction, any land that may come into their possession in 
the manner provided for in either of the two preceding sections in 
such manner and on such terms as they may deem for the interests 



22 

of the townships: Provided, that in all cases of sale of sach land, 
the sale shall be either at the door of the court house, where judicial 
sales of land are usually made, or else on the premises to be sold, as 
the trustees may order and direct: A)id provided, that in all cases 
of sale of land, as provided in this section, the sale shall be made in 
the manner provided for sale of the sixteenth section by section 14 
of article XIII of this act. 

§ 38. Upon the petition of not less than fifty voters of any school 
township, filed with the township treasurer at least fifteen days pre- 
ceding the regular- election of trustees, it shall be the duty of said 
treasurer to notify the voters of said township that an election "For" 
or "Against" a township high school will be held at the said next 
regular election of trustees, by posting notices of such election in at 
least ten of the most public places throughout such township, for at 
least ten days before the election; which notices may be in the fol- 
lowing form, viz. : 

"high school election." 

Notice is hereby given that on Saturday, the day of April, 

A. D. , an election will be held at , for the 

purpose of voting "For" or "Against" the proposition to establish a town- 
ship high school for the benefit of township No , range No 

The polls for said election will be open at and cluse at o'clock 

of said day. 

A. B., 

loivnsliip Treasurer. 

Provided, that when any city in this State, having a population of 
not less than one thousand and not over one hundred thousand 
inhabitants, lies within two or more townships, then that township in 
which a majority of the inhabitants of said city reside shall, together 
with said city, constitute a school township under this act for high 
school purposes. [As amended by act approved June 19, 1891. 

§ 39. The ballots for such election shall be received and canvassed 
as in other elections, and may have thereon the name of the person 
or persons whom the voter desires for trustee or trustees. 

§ 40. If a majority of the votes at such election shall be found to 
be in favor of establishing a township high school, it shall be the 
duty of the trustees of the township to call a special election on any 
Saturday within sixty days from the time of the election establishing 
the township high school, for the purpose of electing a township 
board of education, to consist of five members, notice of which elec- 
tion shall be given for the same time and in the same manner as 
provided for in the election of township trustees. The members 
elected shall determine by lot, at their first meeting, the length of 
term each is to serve. Two of the members shall serve for one year 
each, two for two years, and one for three years from the second Sat- 
urday of April next preceding their election. "Whenever a vacancy 
occurs (except by death or resignation) , a successor or successors 
shall be elected, each of whom shall serve for three years, which sub- 
sequent election shall be held on the same day and in the same man- 



23 

ner as the election of township trustees. In case of vacancy from 
other cause than the expiration of the term of office, the board shall 
call an election without delay, which election may be held on any 
Saturday, notice of which shall be given for the same time and in the 
same manner as for the election of township trustees Within ten 
days after their election, the members of the township board of edu- 
cation shall meet and organize by electing one of their number 
president, and by electing a secretary. It shall be the duty of the 
township board of education to establish at some central point most 
convenient to a majority of the pupils of the township, a high school 
for the education of the more advanced pupils. [Manual training. 
See act approved June 3. 1897. 

§ 41. For the purpose of building school houses, supporting the 
school, and paying other necessary expenses, the territory for the 
benefit of which a high school is established under any of the pro- 
visions of this act, shall be regarded as a school district, and the 
board of education thereof shall have the power and discharge the 
duties of directors of schools for such district in all respects. [As 
amended by act approved May 11, 1901. 

§ 42. Two or more adjoining townships, or two or more adjoin- 
ing school districts whether in the same or different townships, may, 
upon like petition as required for township high schools, signed by 
at least fifty (50) legal voters in each of said townships or school 
districts — and where any such school district contains less than 150 
voters, then such petition shall be signed by at least one-third of thf 
legal voters of such district — and upon an affirmative vote in each o 
such townships or districts, at an election held pursuant to the pro- 
visions of section 38 of this act, establish and maintain in the same 
manner as in this act, it is provided for township high schools, a 
high school for the benefit of the inhabitants of the territory de- 
scribed in such petition and the inhabitants of any territory com- 
posed of parts of adjoining townships who are now maintaining a 
high school and who have elected a board of education, may create 
such territory a high school district by a petion of fifty (50) legal 
voters of such district and by an affirmative vote in such district, 
and may elect a board of education therefor as in other high school 
districts. All such high schools may be discontinued in the same 
manner as township high schools: Provided, that any school dis- 
trict having a population of at least two thousand (2,000) inhabi- 
tants, may in the same manner as herein provided for establishing 
and maintaining a township high school, establish and maintain a 
high school for the benefit of the inhabitants of such school district, 
and elect a board of education therefor, with the same powers hereby 
conferred on township boards of education. 

All attempted high school districts in which the inhabitants are 
maintaining a high school and have in good faith elected a board of 
education substantially as herein required, are hereby declared to be 
valid and lawful high school districts and the boards of education 
elected therefor legal boards of education. [As amended by act ap- 
proved May 11, 1901. 



24 

§ 43. When any township, townships or parts of townships, shall 
have organized a high school and wish to discontinue the same, upon 
petition of not less than a majority of the legal voters of said town- 
ship, townships or parts of townships, filed with the township treas- 
urers of said townships, at least fifteen days preceding the regular 
election of trustees, it shall be the duty of said treasurers to notify 
the voters of the township, townships or parts of townships, that an 
election will be held on the day of said regular election of trustees 
for the purpose of voting "For" or "Against" discontinuing the town- 
ship high school, which notice shall be given in the same manner, 
and for the same length of time, and may be in substantially the 
same form, as the notice provided for in section 38 of this article: 
Provided, that any township where a creek or river divides the same 
and it has been divided into towns with such creek or river as a 
boundary line between them, and each of said towns contains a city, 
and an election has been held in such township, and carried in favor 
of establishing a township high school, a site for which has been 
selected in one of said towns, and other proceedings had thereon, a 
petition signed by not less than one-fourth of the voters of such 
township, as shown by the vote of the last general election, may be 
filed at any time with the township treasurer of said township for an 
election, for the purpose of voting "For" or "Against" discontinuing 
the township high school as to the town in which the site is not 
located. Within ten days after the filing of the petition, as aforesaid, 
it shall be the duty of such township treasurer to post the notices for 
an election to be held, according to the prayer of such petition and 
if the majority of the votes cast at such election shall be in favor of 
discontinuing the township high school in the town where the site 
has not been located, the same shall be so discontinued as to it. [As 
amended by an act approved and in force June 2, 1897. 

§ 44. The ballots for such election shall be received and canvassed 
in the same manner as provided for in section 89 of this article. If 
the majority of the votes of such election shall be found in favor of 
discontinuing the high school, it shall be the duty of the trustees to 
discontinue the same, and turn all the assets of the said high school 
over to the school fund of the township or townships interested 
therein, in proportion to the assessed valuation of said townships, to 
be used as any other township fund for school purposes. 

§ 45. No trustee of schools shall be interested in the sales, pro- 
ceeds or profits of any book, apparatus or furniture used in any 
school in this State with which such trustee may be in any manner 
connected. For offending against the provisions of this section, any 
such trustee shall be liable to indictment, and, upon conviction, 
shall be fined in a sum not less than twenty-five dollars nor more 
than five hundred dollars, or may be imprisoned in the county jail 
not less than one nor more than twelve months, at the discretion of 
the court. 

§ 46. Trustees of schools in newly organized townships shall lay 
off the township into one or more school districts, to suit the wishes 
or convenience of a majority of the inhabitants of the township, and 
shall prepare or cause to be prepared a map of the township, on 



25 

^ which map shall be designated the district or districts, to be styled, 
* when there are more districts than one, "District No , in town- 
ship No , range No of the .... P. M. (according to the 

proper numbers) , county of , and State of Illinois." 

§ 47. In a township where such division into districts has been 
made, the said trustees may, in their discretion, at the regular meet- 
ing in April, when petitioned as hereinafter provided for, change 
such districts as lie wholly within their township, so as — 

First — To divide or consolidate districts. 

Second — To organize a new district out of territory belonging to 
two or more districts. 

Third — To detach territory from one district and add the same to 
another district adjacent thereto. 

§ 48. No change shall be made as provided for in the preceding 
section, unless petitioned for — 

First — By a majority of the legal voters of each of the districts 
affected by the proposed change. 

Second — By two-thirds (f ) of the legal voters living within certain 
territory, described in the petition, asking that the said territory be 
detatched from one district and added to another. 

Third — By two-thirds (f) of all the legal voters living within cer- 
tain territory, containing not less than ten (10) families, asking that 
said territory be made a new district. 

§ 49. In school districts having a population of not less than one 
thousand inhabitants, whether acting under the general school law 
or organized and acting under a special charter, desiring a change 
of boundaries, the question of such change may be submitted to the 
trustees by vote of the people, instead of by the petition provided 
for in the preceding section; and when petitioned so to do by twenty- 
five legal voters of the district, the school board of the district shall 
submit the question of the change desired to the voters of said dis- 
trict, at a special election called for that purpose, and held at least 
thirty days prior to the regular April meeting of trustees. If a 
majority of the votes cast at any such election shall be in favor of 
the change proposed, then, due return of the election having been 
made to the township treasurer, the township trustees shall consider 
and take action the same as if petitioned therefor by a majority of 
the legal voters of such district: Provided, that no question of 
change of boundaries shall be submitted to a vote of the school dis- 
trict more than once in any one year. [As amended by act approved 
June 18, 1891. 

§ 50. No petition shall be acted upon by the board of trustees 
unless such petition shall have been filed with the clerk of the said 
board of trustees at least twenty days before the regular meeting in 
April, nor unless a copy of the petition, together with a notice in 
writing, signed by one or more of the petitioners, shall be delivered 
by the petitioners, or some one of them, at least ten days before the 



26 

date at which the petition is to be considered, to the president or 
clerk of the board of directors of each district whose boundaries will 
be changed if the petition is granted. 

Which notice may be in the following form, to- wit: 

The directors in district No in township No range No of the 

principal meridian, will take notice that the undersigned and others 

have made and filed with the board of trustees of said township their petition, 
a copy of which is herewith handed to you. 

Signed , 

§ 51. At the said April meeting, by the concurrent action of the 
several boards of trustees of the townships in which the district or 
districts affected lie, each board being petitioned as provided for in 
section 48 of this article, the same changes may be made in the bound- 
aries both of districts which lie in separate townships, but adjacent 
to each other, and of districts formed of parts of two or more town- 
ships, as are permitted to be made in districts which lie wholly in 
one township. 

§ 52. When, at the regular meeting of the trustees in April, any 
petition shall come before the trustees, asking for any change in 
boundaries, it shall be the duty of the trustees to ascertain if the 
foregoing provisions have been strictly complied with ; and if it shall 
appear that they, or either of them, have not been complied with, 
then, in such case, the board shall adjourn for not longer than four 
weeks, in order that the foregoing provisions may be complied with; 
but there shall be but one adjournment for such purpose. 

§ 53, If, on the day of the regular meeting, or, in case of an ad- 
journment, at the adjourned meeting, it shall appear that such pro- 
visions have been complied with, then the trustees shall consider the 
petition, and shall also hear any legal voters living in the district or 
districts that will be affected by the change if made, who may appear 
before them to oppose the petition, and they shall grant or refuse the 
prayer of the petitioners without unreasonable delay. After the 
trustees shall consider the petition, no objection shall be thereafter 
raised as to its form, and their action shall be prima facie evidence 
that all the formal requirements have been complied with. 

§ 54. The petitioners, or the legal voters who have appeared be- 
fore the trustees at the meeting when the petition was considered, 
and opposed the same, shall have the right of appeal to the county 
superintendent of schools: Provided, that the party appealing files 
with the clerk of the trustees a written notice of appeal within ten 
days after the final action upon the petition by the trustees, which 
notice may be in the following form, to-wit: 

To the trustees of schools, township No , range No of 

county, Illinois: 

You are hereby notified that the undersigned will appeal from your decis- 
ion , made on the day of , A. D granting (or 

refusing) the prayer of the petition in regard to (here give substance of the 

petition concerned) to the county superintendent of schools of 

county, Illinois, as provided by law. 

Signed 



27 

§ 55. When an appeal is taken from the action of the trustees to 
the county superintendent, the clerk of the trustees shall, within five 
days after the written notice of the appeal has been filed with him 
by the appellants, transmit all the papers in the case, with a trans- 
cript of the records of the trustees, showing their action thereon to 
the county superintendent, and, in case of an appeal, the township 
treasurer shall be requiried to take no further action in the matter, 
except upon the order of the county superintendent, whose duty it 
shall be to investigate the case upon such appeal; and if, in his 
opinion, the change asked is for the best interests of the district or 
districts concerned, he shall make such change or changes; but if he 
considers the proposed change unadvisable, he shall refuse to make 
it, and shall reverse, if need be, the action of the trustees, and shall 
give the clerk, from whom he received the papers, immediate notice 
of his decision; and his action shall be final and binding. If the 
changes asked for by the petitioners shall be made by the county 
superintendent, he shall notify, in writing, the clerk by whom the 
papers in the case were transmitted to him, of his action, and the 
clerk shall thereupon make a record of the same, and shall, within 
ten days thereafter, make a copy of the same, and a map of the town- 
ship, showing the districts, and an accurate list of the tax-payers of 
the newly arranged districts, and deliver them to the county clerk for 
filing and record by him, the same as if the changes had been ordered 
by the trustees. 

§ 56. In all cases where the territory affected by a proposed 
change of district boundaries is divided by a county line or lines, the 
appeal may be taken to the county superintendent of schools of any 
one of the counties in which said territory is partly located; and upon 
any appeal being taken in any such case, the county superintendent 
of schools, to whom such appeal is taken, shall forthwith, give notice 
to the county superintendent or superintendents of schools of the 
other county or counties, of the pendency of such appeal, and of the 
time and place when and where it will be heard; and the county 
superintendents of schools of the counties in which the said territory 
is located, shall meet together at such time and place, and together 
hear and determine said appeal. In case the said county superin- 
tendents shall be unable to arrive at an agreement, then the county 
judge of the county where such appeal is pending shall be called, 
and shall constitute one of the board of appeal, and thereupon the 
appeal shall be heard and determined by them. And the county 
superintendent of schools, to whom such appeal is taken, shall at 
once notify, in writing, the clerk by whom the papers in the case 
were transmitted to him of the action taken on such appeal, as here- 
inafter provided. 

§ 57. Whenever change in boundaries is made by the trustees of 
schools, if no appeal is taken to the county superintendent, the clerk 
of the trustees shall make a complete copy of the record of the action 
of the trustees, which copy shall be certified by the president of the 
trustees and the clerk who shall file the same, together with a map of 



28 

the township, showing the districts, and an accurate list of the tax- 
payers of the newly arranged districts, with the county clerk for 
record within twenty days of the action of the trustees. 

§ 58. In case any territory shall be set ofp from any district that 
has a bonded debt, the change not being petitioned for by a majority 
of the legal voters of said district, such original district shall remain 
liable for the payment of such bonded debt, as if not divided. The 
directors of the original district having such bonded debt and of the 
district into which the territory taken from such original district has 
been incorporated or formed, shall constitute a joint board for the 
purpose of determining and certifying, and they shall determine and 
certify to the county clerk the amount of tax required yearly for the 
purpose of paying the interest and principal of such bonded debt, 
which tax shall be extended by the county clerk against all property 
embraced within such original districts as if it had not been divided. 

§ 59. When the trustees of schools shall organize a new district, 
as hereinbefore provided for, it shall be the duty of the clerk of the 
board of trustees, if no appeal is taken to the county superintendent, 
to order, within fifteen days after the action of the trustees, an elec- 
tion, to be held at some convenient time and place, within the bound- 
aries of such newly organized district, for the election of three school 
directors, notice being given by the township treasurer, who shall 
post up at least three notices of sach election in at least three promi- 
nent places in said district, at least ten days prior to the time ap- 
pointed for holding such election, which notices shall specify the 
place where such election is to be held, the time for opening and 
closing the polls, and the object of said election, which notice may 
be in the following form, to- wit: 

"election notice." 

Public notice is hereby given that on the day of A. D. 

an election will be held at for the purpose of electing 

three school directors for the new district known as district No in 

township No.. Range No of the P. M., in 

county, Illinois. 

The polls at said election will be open at o'clock M. , and close 

at o'clock M. 

By order of the board of trustees of said township. 

Signed 

Township Treasurer. 

§ 60. At the time appointed for opening the polls for said elec- 
tion, it shall be the duty of the legal voters present, five of whom 
shall constitute a quorum, to appoint three of their number, two of 
whom shall act as judges, and one as clerk of said election; and the 
election in all other respects shall be conducted as other elections 
for the election of school directors. 

§ 61 Within ten days after the election, it shall be the duty of 
the directors, elected at such election, to meet at some convenient 
time and place previously agreed upon by said directors, and organ- 
ize as a district board by appointing one of their number president, 
and another of their number clerk of said board, as in other cases 



29 

of the election of school directors. At this first meeting of the direc- 
tors, they shall draw lots for their respective terms of office for one, 
two and three years, each of which shall be considered a fractional 
term, ending at each annual meeting according to the term drawn. 

§ 62. In case a new district is organized by the action of the 
county superintendent, the said clerk of the board of trustees shall, 
within five days after he has received notice of the action of the 
county superintendent on the appeal, order an election of directors 
in the new district, the same as if the change had been made by the 
board of trustees, and such election shall be held in the same manner 
as the election provided for where the trustees have formed such 
new district, 

§ 63. Whenever a new district has been formed by the trustees, 
or by the county superintendent, or county superintendents from a 
part of a district or from parts of two or more districts, the trustees 
of the township or townships concerned shall proceed forthwith to 
make a distribution of tax funds, or other funds which are in the 
hands of the treasurer, or to which the district may at the time of 
such division, be entitled; so that both the old and new districts 
shall receive parts of such funds, in proportion to the amount of 
taxes collected next preceding such division from the taxable 
property in the territory composing the several districts. If the new 
districts be composed of parts of two or more districts, the trustees 
shall make distribution of such funds between the new district and 
the old districts, respectively, so that the new district shall receive a 
distribution of the fands of each of the old districts, in the propor- 
tion which the amount of taxes collected from the property in the 
territory of the new district bears to the whole taxes collected, next 
before the division in the old district; and the town treasurer shall 
forthwith place the sum so distributed to the credit of the respective 
districts, and shall immediately place the proportion of the funds to 
which said new districts may be entitled to its credit on his books, 
and the funds on hand shall be subject at once to the order of the 
directors of the new district, and those not on hand as soon as col- 
lected. 

§ 64. The trustees of the township or townships concerned shall, 
at the time of the creation of a new district or within the period of 
thirty days thereafter, proceed to the appointment of three ap- 
praisers, who shall not be citizens of the township or townships 
interested. It shall be the duty of said appraisers, within thirty 
days after their appointment, to appraise the school property, both 
real and personal, of the district or districts interested, at their fair 
cash value. Within thirty days after such appraisement, the trustee or 
trustees of the township or townships concerned shall proceed to 
charge the property to the district in which it may be found and to 
credit the other district interested therein with its proportion of 
such valuation: Provided, that the bona fide debts, if any, of the 
old district shall first be deducted and the balance charged and 
credited as aforesaid; and the trustees shall direct the treasurer to 
place to the credit of the district not retaining said property, its 



30 

proportion of the value of said property, and of the funds then on 
hand, or subsequently to accrue, belonging to such district to which 
such property is charged. 

§ 65. If the trustees shall fail to observe the provisions of sections 
68 and 64, in reference to the distribution of funds and property, they 
shall be individually and jointly liable to the district interested, in 
an action on the case, to the full amount of the damages sustained 
by the district aggrieved. When trustees have heretofore failed to 
make the distribution of property to districts, as provided in said sec- 
tions 63 and 64 of this article, the district interested in the making 
of such distribution may, by its directors, request the trustees, in 
writing, to proceed to make such distribution; and said trustees shall 
proceed to make such distribution in the manner prescribed, and 
shall be liable, as herein stated, for neglect or failure so to do. 

§ 66. The clerk of any board of trustees who shall fail, neglect 
or refuse to perform the duties imposed upon him by this article of 
this act, or any of them, within the time and in the manner pre- 
scribed, shall, for each offense, forfeit not less than ten (10) dollars, 
nor more than twenty-five (25) dollars, of his pay as clerk of the 
board of trustees and township treasurer, which forfeiture shall be 
enforced by the trustees. 

§ 67. If any school district shall, for two consecutive years, fail 
to maintain a public school, as required by law to do, it shall be the 
duty of the trustees of schools of the township, or townships, in 
which such district lies, to attach the territory of such district to 
one or more adjoining school districts; and in case said territory is 
added to two or more districts, to divide the property of said district 
between the districts to which its territory is added, in the manner 
hereinbefore provided for the division of property in case a new 
district is organized from a part of another district, and the action 
of the trustees in such case shall be final and binding. And the 
clerk of the trustees in such case shall file a copy of the record of 
the same, together with the map and list of tax-payers with the 
county clerk as in other cases of change of district boundaries. 

§ 68. The majority of legal voters of a district lying in two or 
more townships may secure the dissolution of said district by peti- 
tioning the several boards of trustees of said townships, at their reg- 
ular meeting in April, that each will add the territory belonging to said 
district, in its township, to one or more adjacent districts. Upon re- 
ceipt of such petition or the returns of the election (in districts con- 
taining one thousand or more inhabitants) the several boards of 
trustees shall each make such disposition of the territory of said dis- 
trict as lies in its township, and they shall jointly make such division 
of property of said district between the districts to which its terri- 
tory is attached, as is hereinbefore provided in the case of the or- 
ganization of a new district from a part of another district. The ac- 
tion of the trustees, in accordance with such petition or election, 
shall be final and binding: and the clerks of the several boards of 



31 

trustees, in such case, shall file a copy of the record of the same, to- 
gether with the map and lists of tax-payers, with the county clerk 
as in other cases of change of district boundaries. 

§ 69. The trustees of schools, elected as provided for in this ar- 
ticle, shall be the successors to the trustees of school lands, appointed 
by the county commissioners' court, and of trustees of schools elected 
in townships under the provisions of "An act making provisions for 
organizing and maintaining common schools," approved February 
26, 1841, and "An act to establish and maintain common schools," 
approved March 1, 1847, and "An act to establish and maintain a 
system of free schools," approved April 1, 1872. All rights of prop- 
erty, and rights and causes of action, existing or vested in the trus- 
tees of school lands, or the trustees of schools appointed or elected 
as aforesaid, for the use of the inhabitants of the township, or any 
part of them, shall vest in the trustees of schools, as successors, in 
as full and complete a manner as was vested in the trustees of school 
lands, or the trustees of schools appointed or elected, as aforesaid. 

Article IV. 



TOWNSHIP TREASURER. 



§ 1. Bond; form of bond. 

g 2. Treasurer's account; record of notes 
and bonds; subject to inspection. 

i 3. Terms of loans. ♦ 

§ 4. Securities to run to board of trustees. 

i 5. Surplus district funds may be loaned. 

? 6. Statement of loans to be delivered to 
county superintendent. 

§ 7. Form and release of mortgage. 

§ 8. Action on mortgage; insurance pol- 
icies. 
i 9. Additional security. 

§ 10. Preference given to debts due to 
school fund. 

§ 11. Default in payment; penalty; action 

to recover interest. 
i 12. Manner of bringing suits. 



§ 13. Treasurer shall keep money, books 
and papers, and keep funds at in- 
terest. 

§ 14. Send annual statement to trustees. 

§ 15. Annual exhibit. 

? 16. Statement to districts; exhibit to be 
posted. 

§ 17. Penalty for failure to perform require- 
ments of the preceding sections. 

§ 18. Unpaid orders of teachers to draw in- 
terest. 

$ 19. Additional duties defined. 

§ 20. Treasurer liable for failure to per- 
form his duties, but not liable when 
acting under orders of board. 

g 21. Bonds, securities, etc., to be turned 
over to successor; penalty and 
judgment. 

§22. Compensation of the treasurer. 



Section 1. The township treasurer appointed by the board of 
trustees of schools shall, before entering upon his duties, execute a 
bond with two or more freeholders, who shall not be members of the 
board, as securities, payable to the board of trustees of the township 
for which he is appointed treasurer, with a sufficient penalty to cover 
all liabilities which may be incurred, conditioned faithfully to per- 
form all the duties of township treasurer in township No 

range No , in county, according to law; which 

bond shall be approved by at least a majority of the board, and shall 
be delivered by one of the trustees to the county superintendent of 
the proper county. And in all cases where such treasurer aforesaid 
is to. have the custody of all bonds, mortgages, moneys and effects 



32 

denominated principal, and belonging to the township for which he 
is appointed treasurer, the penalty of said treasurer's bond shall be 
twice the amount of all bonds, notes, mortgages, moneys and effects; 
and shall provide for the faithful accounting for, and turning over, 
of all such bonds, notes, mortgages, moneys and effects as shall come 
into his hands while he may act as such treasurer, under such ap- 
pointment, to his successor, when appointed and qualified, as herein 
provided, by giving bond. The penalty of said bond shall be in- 
creased from time to time, as the increase of the amount of notes, 
bonds, mortgages and effects may require, and whenever, in the judg- 
ment of the trustees or county superintendent, the security is in- 
sufficient, Any and every township treasurer appointed subsequent 
to the first, as herein provided, shall execute bond with security, as 
is required of the first treasurer. 

The bond required in this section shall be in th,e following form> 
viz: 

State of Illinois, \ 
County, i^^' 

Know all men by these presents, that we, A. B., C. D., and E. F., are held 
and firmly bound, jointly and severally, unto the board of trustees of town- 
ship , range , in said county, in the penal sum of 

dollars, for the payment of which we bind ourselves, our heirs, executors, and 
administrators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 

day of , A. D. 18 The condition of the above obligation is such 

that if the above bounden A. B., township treasurer of township 

range , in the county aforesaid, shall faithfully discharge the duties 

of said ofl&ce. according to the laws which now are or may hereafter be in 
force, and shall deliver to his successor in office, after such successor shall 
have fully qualified by giving bond as provided by law, all moneys, books, 
papers, securities and property which shall come into his hands or control, 
as such township treasurer, from the date of this bond up to the time that his 
successor shall have duly qualified as township treasurer, by giving such bond 
as shall be required by law, then this obligation to be void; otherwise to re- 
main in full force and virtue. 

Approved and accepted by: A. B. (Seal.) 

G. H.,) C. D. (Seal.) 

I. J., [irustees. ' E. F. (Seal.) 
K. L.J 

§ 2. Every township treasurer shall provide himself with two 
well bound books, the one to be called a cash book, the other a loan 
book. He shall charge himself in the cash book with all moneys 
received, stating the charge, when, from whom, and on what account 
received, and credit himself with all moneys paid or loaned, stating 
the amount loaned, the date of the loan, the rate of interest, the time 
when payable, the name of the securities; or, if real estate to be taken, 
a description of it. 

He shall also enter, in separate accounts, moneys received and 
moneys paid out, charging the first to debit account, and crediting 
the latter as follows, to- wit: 

First — The principal of the township fund, when paid in and 
when paid out. 



33 

Second — The interest of the township fund, when received and 
when paid out. 

Third — The common school fund and other funds, when received 
from the county superintendent and when paid out. 

Fourth — The taxes received from the county or town collector, for 
what district received, and when and what purpose paid out. 

Fifth — Donations received. 

Sixth — Moneys coming from all other sources; and in all cases 
entering the date when received, and when paid out. And he shall 
also arrange and keep his books and accounts in such other manner 
as may be directed by the State or county superintendent or the 
board of trustees. He shall also provide a book, to be called a jour- 
nal, in which he shall record, fully and at length, the acts and pro- 
ceedings of the board, their orders, by-laws and resolutions. And he 
shall also provide a book, to be called a record, in which he shall 
enter a brief description of all notes or bonds belonging to the town- 
ship, and upon the opposite page he shall note down when paid, or 
any remarks to show where or in what condition it is, as in the fol- 
lowing form, viz. : 



Maker's Name. 


Date of Note. 


When Due. 


Amount. 


Remarks. 


A. B., C. D., E. F. 


January 1,18 


January 1,18 


$90 00 


January 6, 18 handed 

to I. J., for collection, or 
January 6, 18 paid . 



All the books and accounts of the treasurer shall at all times be 
subject to inspection of the trustees, directors or other persons 
authorized by this act, or by any committee appointed by the voters 
of the township, at the annual election of trustees, to examine the 
same. 

§ 3. Township treasurers shall loan, upon the following condi- 
tions, all moneys which shall come into their hands by virtue of their 
oflBce, except such as may be subject to distribution. The rate of 
interest shall not be less than five per cent, nor more than seven per 
cent, per annum, payable annually, the rate of interest to be deter- 
mined by a majority of the township trustees at any regular or spec- 
ial meeting of their board. No loan shall be made for less than six 
months, nor more than five years. For all sums not exceeding two 
hundred dollars loaned for not more than one year, two responsible 
sureties shall be given; for all sums over two hundred dollars, and 
for all loans for more than one year, security shall be given by mort- 
gage on real estate unincumbered, in value forty per cent, more than 
the amount loaned, with a condition that in case additional security 
shall be at any time required, the same shall be given to the satis- 
faction of the board of trustees for the time being: Provided, that 
nothing herein shall prevent the loaning of township funds to boards 



—3 S. 



34 

of school directors, taking bonds therefor, as provided in section 1, 
article IX, of this act. [As amended by an act approved April 24, 
1899] 

§ 4. Notes, bonds, mortgages and other securities taken for money 
or other property due, or to become due, to the board of trustees for 
the township, shall be payable to the said board by their corporate 
name; and in such name, suits, actions and complaints, and every 
description of legal proceedings may be had for the recovery of 
money, the breach of contracts and for every legal liability which 
may at any time arise or exist, or upon which a right of action shall 
accrue to the use of such corporation. Provided, however, that notes, 
bonds, mortgages and other securities in which the name of the county 
superintendent, or the trustees of schools are inserted, shall be valid 
to all intents and purposes, and suit shall be brought in the name of 
the board of trustees as aforesaid. The wife of the mortgagor (if he 
is married) shall join in the mortgage given to secure the payment 
of money loaned by virtue of the provisions of this act. 

§ 5. Whenever there is a surplus of funds in the treasurer's hands 
belonging to any school district, the treasurer may loan the same for 
the use and benefit of such district, upon the written request of the 
directors of said district and not otherwise; and all such loans shall 
be on the same conditions as are prescribed in this article for the 
loaning of township funds. 

§ 6. The township treasurer shall, on or before the 30th day of 
June, annually, prepare and deliver to the county superintendent of 
his county, a statement, verified by his affidavit, showing the exact 
condition of the township funds. Said statement shall contain a 
description of the securities, bonds, mortgages and notes belonging 
to the township, giving names of securities, dates, amounts of loans, 
rate of interest, when due, aud all data by which a full understand- 
ing of the condition of the funds may be obtained. The county 
superintendent shall preserve such statement for the use of the 
township. 

§ 7. Mortgages to secure the payment of money loaned under the 
provisions of this act, may be in the following-form, viz: 

I, A. B. , of the county of and State of do 

herebv grant, convey and transfer to the trustees of schools of township. .... 

range in the county of and State of Illinois, 

for the use of the inhabitants of said township, the following described real 
estate, to wit: (Here insert premises), which real estate 1 declare to be in 

mortgage for the payment of dollars loaned to me and 

for the payment of all interest that may accrue thereon to be computed at the 

rate of per cent per annum until paid. And 1 do hereby 

covenant to pay the said sum of money in years from the 

date hereof, and to pay the interest on the same annually, at the rate afore- 
said. I further covenant that I have a good and valid title to said estate, and 
that the same is free from all incumbrance, and that I will pay all taxes and 
assessments which may be levied on said estate, and that I will give any ad- 
ditional security that may at any time be required in writing by said board of 
trustees; and if said estate be sold to pay said debt, or any part thereof, or 
for any failure or refusal to comply with or perform the conditions or cove- 
nants herein contained, I will deliver immediate possession f the premises. 



35 

Aud it is further aerreed by and between the parties, in case a bill is filed in 
"any court to foreclose this mortgage for non payment of either principal or 
interest, that the mortg:agor will pay a reasonable solicitor's fee, and the 
same shall be included in the decree and be taxed as costs; and we, A. B., 
and C, wife of A. B., hereby release all right to the said premises which we 
may have by virtue of any homestead laws of this State, and in considera- 
tion of the premises, C, wife of A. B., doth hereby release to said board all 
her right and title of dower in the aforegranted premises for the purpose 
aforesaid. 



In testimony whereof, we have hereby set our hands and seals this 

day of 18 

A. B. (Seal.) 
C. B. (Seal.) 

Which mortgage shall be acknowledged and recorded as is required 
by law for other conveyances of real estate, the mortgagor paying the 
-expenses of acknowledgment and recording. 

On payment of any school mortgage in full, it shall be the duty of 
■the trustees of schools to give a deed of release of such mortgage or 
to enter satisfaction thereof upon the record, such deed of release or 
satisfaction to be executed by the township treasurer. 

§ 8. Upon the breach of any condition or stipulation contained 
in said mortgage, an action may be maintained and damages recov- 
ered as upon other covenants; but mortgages made in any other form 
to secure payment, as aforesaid, shall be valid as if no form had been 
prescribed. In estimating the value of real estate mortgaged to se- 
cure the payment of money loaned under the provisions of this law, 
the value of improvements liable to be destroyed may be included; 
but in any such case said improvements shall be insured for the in- 
surable value thereof in some safe and responsible insurance company 
or companies, and the policy or policies of insurance shall be trans- 
ferable to the board of trustees as additional security for any loan, 
■and shall be kept so insured until the loan is paid. 

§ 9. In all cases where the board of trustees shall require addi- 
tional security for the payment of money loaned, and such security 
shall not be given, the township treasurer shall cause suit to be in- 
stituted for the recovery of the same, and all interest thereon to the 
date of judgment: Provided, that proof be made of the said re- 
■quisition. 

§ 10. In the payment of debts by executors and administrators, 
those due the common school or township fund shall have a prefer- 
erence over all other debts, except funeral expenses, the widow's award, 
and the expenses attending the last sickness, not including the phy- 
sician's bill. And it shall be the duty of the township treasurer to 
attend at the office of the probate judge upon the proper day, as other 
creditors, and have any debts, as aforesaid, probated and classed, to 
be paid as aforesaid. 

§ 11. If default be made in the payment of interest due upon 
money loaned by any county superintendent or township treasurer, 
or in the payment of the principal, interest at the rate of twelve per 
■cent per annum shall be charged upon the principal and interest 



36 

from the day of default, which interest shall be included in the aF- 
sessment of damages; or in the judgment in the suit or action brought 
upon the obligation to enforce payment thereof, and interest as afore- 
said may be recovered in action brought to recover interest only. 
The said township treasurer is hereby empowered to bring appro- 
priate actions in the name of the board of trustees, for the recovery 
of the yearly interest, when due and unpaid, without suing for the 
principal, in whatever form secured; and justices of the peace shall 
have jurisdiction of such cases of all sums not exceeding two hun- 
dred dollars. 

§ 12. All suits brought or actions instituted under the provisions 
of this act, may be brought in the name of the trustees of schools of 

township No range No except as provided for qui tarn 

actions, or actions in favor of county superintendents. 

§ 13. The said township treasurer shall demand, receive and 
safely keep, according to law, all moneys, books and papers of every 
description belonging to his township. He shall keep the township 
funds loaned at interest; and if, on the first Monday in October, in 
any year, there shall be any interest or other funds on hand which 
shall not be required for distribution, such amount not required as 
aforesaid, may, if the board of trustees see proper, forever be con- 
sidered as principal in the funds to which it belongs, and loaned as 
such. 

§ 14. On the first Mondays in April and October of every year,, 
the township treasurer shall lay before the board of trustees a state- 
ment showing the amount of interest, rents, issues and profits that, 
have accrued or become due since their last regular half yearly meet- 
ing, on the township lands and township funds, and also the £ mount 
of State and county fund interest on hand. He shall also lay before 
the said trustees all books, notes, bonds, mortgages and all other evi- 
dences of indebtedness belonging to the township, for the examina- 
tion of the trustees; and shall make such other statement as the 
board may require, touching the duties of his office. 

§ 15. The said township treasurer shall make out annually, and. 
present to the board of trustees, at their meeting succeeding the 
annual election, a complete exhibit of the fiscal affairs of the town- 
ship, and of the several districts or parts of districts in the township, 
showing the receipts of money, and the sources from which they 
have been derived, and the deficit and delinquencies, if there be any, 
and the cause, as well as a classified statement of moneys paid out, 
and the amount of obligations remaining unpaid. 

§ 16. The township treasurer shall, within two days after the first 
Monday of April, and on July fifteenth in each year, make out for 
each district or part of district in the township, a statement or ex- 
hibit of the exact condition of the account of such district or part of 
district, as shown by his books on April first and June thirtieth of 
each year; which statement or exhibit shall show the balance at the 
time of making the last exhibit, and the amount received since, up 
to the time of making the exhibit, and when and from what source 
received; and it shall also show the amount paid out during the same- 



37 

time, to whom paid, and for what purpose, and shall be balanced, 
and the balance shown. It shall be the duty of said treasurer to com- 
ply with any lawful demand the said trustees may make as to the 
verification of any balance reported by said treasurer to be on hand. 
The exhibit shall be subscribed and sworn to by the treasurer before 
any oflScer authorized to administer an oath, and shall then, by the 
treasurer, be, without delay, delivered or transmitted by mail to the 
clerk of the board of directors of the proper district. It shall be the 
duty of the said clerk, upon receiving such exhibit, to enter the same 
upon the records of the district, and, at the next annual election of 
directors thereafter, to cause a copy thereof to be posted up at the 
front door of the building where such election is held. 

§ 17. For a failure on the part of the treasurer, clerk of any 
board of directors, or any director, to comply with any of the re- 
quirements of the preceding sections of this article, he shall be liable 
to a penalty of not less than five dollars nor more than fifty dollars, 
to be recovered before any justice of the peace of the county in which 
the offense is committed. 

§ 18. When any order drawn for the payment of a teacher, is 
presented to the township treasurer for payment, and is not paid for 
want of funds, the said treasurer shall make a written statement over 
his signature by an endorsement on such order, with date, showing 
such presentation and non-payment, and shall make and keep a rec- 
ord of such endorsement. Such order shall thereafter draw interest 
at the rate of seven per cent per annum until paid, or until the treas- 
urer shall, in writing, notify the clerk of the board of directors that 
he has funds to pay such order, and of said notice, the said treasurer 
shall make and keep* a record; after giving said notice, he shall hold 
the funds necessary to pay such order until it is presented for pay- 
ment, and such order shall draw no interest after the giving of said 
notice to said clerk of the board. [As amended by an act approved 
April 24, 1899.] 

§ 19. In addition to the foregoing requirements, it shall be the* 
duty of the said township treasurer — 

First — To return to the county clerk of his county, on or before 
the second Monday of August in each year, the certificate of tax levy 
made by each board of school directors in his township. 

Second — To pay, whenever he has funds in his hands belonging to 
the district, all lawful orders drawn on him by the board of directors 
of any school district in his township. 

Third — To collect, from the collector of taxes of the township and 
the county collector of taxes, the full amount of the tax levies made 
by the several boards of directors in his township. 

Fourth — To examine the official record of each school district in 
the township on the first Mondays in April and October of each 
year 

Fifth — To keep a correct account between the districts where pupils 
are transferred by the directors from one district to another. 



38 

Sixth — To give, upon the order of the trustees of schools, notice 
of the election of trustees, as required by law. 

Seventh — To give, in case of the formation of a new school district, 
notice of the election of a board of school directors. 

Eighth — To cause to be published in some newspaper published in 
his county an annual statement of the finances of the township as 
required by law. 

Ninth — To make, whenever a change has been made in the bounda- 
ries of a school district, a complete copy of the records of the trus- 
tees, a map of the township showing such change of boundaries, and 
an accurate list of the taxpayers in the newly arranged districts, and 
file the same with the county clerk within twenty days of the tim& 
such change was made. 

Tenth — To file and safely keep all poll- books and returns of elec- 
tion which may be delivered to him under any provisions of this act, 

Eleventh — To receive and safely keep all moneys, securities, papers 
and effects belonging to the township or the school districts, which, 
by law, are required to be deposited with such treasurer. 

§ 20. For any failure or refusal to perform all the duties required 
of the township treasurer b}" law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained, to be re- 
covered by action of debt by said board, in their corporate name, for 
the use of the proper township, before any court having jurisdiction 
of the amount of damages claimed; but if such treasurer, in any 
such failure or refusal, acted under and in conformity to a requisi- 
tion or order of said board, or a majority of them, entered upon their 
journal and subscribed by their president and clerk, then, and in that 
case, the members of the board aforesaid, or those of them voting 
for such requisition, or order aforesaid, and not the treasurer, shall 
be liable, jointly and severally, to the inhabitants of the township 
for such damages, to be recovered by an action of assumpsit in the 
official name of the county superintendents [superintendent] of 
schools, for the use of the proper townships: Provided, that said 
township treasurer shall be liable for any part of the judgment 
obtained against said trustees which can not be collected on account 
of the insolvency of such trustees. 

§ 21. Whenever a township treasurer shall resign or be removed, 
and at the expiration of his term of office, he shall pay over to his 
successor in office, all money on hand, and deliver over all books,, 
notes, bonds, mortgages and all other securities for money, and all 
papers and documents of every description, in which the corporation 
has any lawful interest whatever. And in case of the death of the 
township treasurer, his securities and legal representatives shall be 
bound to comply with the requisitions of this section, so far as the 
said securities and legal representatives may have the power so to do. 
And for failure to comply with the requisitions of this section, the 
persons neglecting or refusing shall be liable to a penalty of not less 
than ten (10) dollars nor more than one hundred (100) dollars at 
the discretion of the court before which judgment may be obtained. 



39 



to be recovered in an action of debt, in the name of the trustees of 
schools, before any justice of the peace, for the benefit of the school 
fund of such township: Provided, that the obtaining or .pay- 
ment of such judgment shall in no wise discharge or diminish the 
obligation of the persons signing the oflBcial bond of such township 
treasurer. 

§ 22. The township treasurers shall receive in full, for all services 
rendered by them, a compensation to be fixed, prior to their election, 
by the board of trustees. 

Article V. 

BOARD OF DIRECTORS. 



g 1. Board of directors in districts with 
less than 1.000 inhabitants. 

I 2. Board of directors a body politic. 

I 3. Eligibility of school directors. 

I 4. Non-residence creates a vacancy. 

? 5. Annual election and term of office. 

I 6. Election in new districts. 

? 7. Vacancies. 

§ 8. Notices of election. 

§ 9. Election in certain cases ordered by 
township treasurer or county super- 
intendent. 

i 10. Judges; postponement; election on 
any Saturday. 

i 11. A tie vote. 

§ 12. Delivery of the poll-book, and filing of 
the same; certificate. 

§ 13. Poll-book in union district. 

? 14. Penalty for failure to deliver the poll- 
book. 

§ 15. Organization of the board. 

§ 16. Quorum. 

§ 17. Records. 

g 18. Meetings. 



'i 19. Business to be done at a regular or 
special meeting. 

I 20. President or clerk pro tempore. 

§ 21. Report of the organization. 

I 22. Reports of statistics, etc. 

§ 23. Not to be interested in school con- 
tracts. 



24. 



Not to be interested in sale of school 
books, etc. 

? 25. Liable to indictment and fine. 

I 26. Duties defined. 

I 27. Additional powers defined. 

§ 28. Orders on demand. 

§ 29. Orders in anticipation of taxes. 

§ 30. Liable for balance due teachers. 

§ 31. Vote of the district required to locate 
school sites, etc. 

g 32. Compensation for school site. 

§ 33. Removal by the county superintend- 
ent. 

I 34. Funds paid out upon orders; form of 
order. 

i 35. Transfer of pupils; separate sched- 
ules. 

§ 36. Directors collect amount due from 
transfer pupils. 



Section 1. In all school districts having a population of less 
than one thousand inhabitants, and not governed by any special 
act in relation to free schools now in force, there shall be elected in 
the manner hereinafter provided for, a board of directors to consist 
of three members. TAs amended by an act approved June 1, lb89.] 

§ 2. The directors of each district are hereby declared a body 
politic and corporate, by the name of "school directors of District 

No township No range county of 

and State of Illinois," and by that name may sue and 

be sued in all courts and places whatever. 



40 

§ 3. Any person, male or female, married or single, of the age of 
twenty- one jears and upwards, who is a resident of the school dis- 
trict, and who is able to read and write in the English language, shall 
be eligible to the office of school director: Provided, that no person 
shall be eligible to the office of school director who is at the time a 
member of the board of school trustees. 

§ 4. If any director shall, during the term of his office, remove 
from the district in which he was elected, his office shall thereby be- 
come vacant and a new director shall be elected, as in other cases of 
vacancy in office. 

§ 5. The annual election of school directors shall be on the third 
Saturday of April, when one director shall be elected in each district, 
who shall hold his office for three years, and until his successor is 
elected. 

§ 6. In new districts, the first election of directors may be on any 
Saturday, notice being given by the township treasurer, as for the 
election of trustees, when three directors shall be elected, who shall, 
at their first meeting, draw lots for their respective terms of office, 
for one, two and three years. 

§ 7. When vacancies occur, the remaining director or directors 
shall, without delay, order an election to fill such vacancies, which 
election shall be held on Saturday. 

§ 8. Notices of all elections in organized districts shall be given 
by the directors at least ten days previous to the day of said election. 
Said notices shall be posted in at least three of the most public 
places in the district, and shall specify the place where such election 
is to be held, the time of opening and closing of the polls, and the 
question or questions to be voted on. 

§ 9. Should the directors fail or refuse to order any' regular or 
special election, as aforesaid, it shall be the duty of the township 
treasurer to order such election, and if the township treasurer fails 
to do so, then it shall be the duty of the county superintendent to 
order such election of directors within ten days, in each case of such 
failure or refusal, and the election held in pursuance of such order 
shall be valid the same as if ordered by the directors. 

§ 10. Two of the directors ordering such election snail act as 
judges, and one as clerk of such election. But if said directors or 
any of them shall fail to order an election, to attend, or shall refuse 
to act when present, and in all unorganized districts and in elections 
to fill vacancies, the legal voters when assembled shall choose such 
additional members as may be necessary to act as two judges and a 
clerk of said election: Provided, that if upon the day appointed for 
said election, the said directors or judges shall be of opinion that, on 
account of the small attendance of voters, the public good requires it, 
or if the voters present, or a majority of them, shall desire it, they 
shall postpone said election until the next Saturday, at the same 
place and hour, when the voters shall proceed as if it were not an 
adjourned meeting: And provided, also, that if notice shall not 



41 

have been given as above required, then said election shall be ordered 
as aforesaid and holden on any Saturday, notice thereof being given, 
as aforesaid. 

§ 11. In case of a tie vote, the judges shall decide it by lot on the 
day of the election. 

§ 12. Within ten days after every election of directors, the judges 
shall cause the poll-book to be delivered to the township treasurer, 
with a certificate thereon showing the election of said directors and 
the names of the persons elected; which poll-book shall be filed by 
the township treasurer, and shall be evidence of said election. 

§ 13. In case of a union district, made up of parts of two or more 
townships, the poll-book shall be returned to the township treasurer 
who receives the tax money for said district. 

§ 14. For a failure to deliver the poll-book within the time pre- 
scribed, the judges shall be liable to a penalty of not less than twen- 
ty-five (25) dollars nor more than one hundred (100) dollars to be 
recovered in the name of the People of the State of Illinois, by action 
of assumpsit, before any justice of the peace of the county, which 
penalty, when recovered, shall be added to the township school fund 
■of the township. 

§ 15. The directors, within ten days after the annual election of 
the directors, shall meet and organize by appointing one of their num- 
ber president, and another of their number clerk of such board of 
directors. 

§ 16. Two director's shall be a quorum for business. 

§ 17. The clerk of such board of directors shall keep a record of 
all the official acts of the board in a well-bound book provided for 
that purpose, which record shall be signed by the president and clerk, 
and shall be submitted to the township treasurer for his inspection 
and approval on the first Mondays of April and October, and at such 
other times as the township treasurer may require. 

§ 18. The board of directors shall hold regular meetings at such 
times as they may designate; and they may hold special meetings as 
occasion may require, at the call of the president or any two mem- 
bers. 

§ 19. No official business shall be transacted by the board except 
at a regular or special meeting. 

§ 20. If the president or clerk be absent from any meeting, or, 
being present, refuses to perform his official duties, a president or 
clerk pro tempore shall be appointed. 

§ 21. The clerk of each board of school directors shall report to 
the township treasurer or treasurers of the proper township or town- 
ships, immediately after the organization of the board, the names of 
the president and clerk of such board. 

§ 22. On or before the seventh day of July, annually, the clerk 
of each board of directors shall report to the township treasurer hav- 
ing the custody of the funds of such district, such statistics and oth- 
er information in relation to the schools of his respective district as 



42 

the township treasurer is required to embody in his report to the 
county superintendent, and the particular statistics to be so reported 
shall be determined and designated by the State Superintendent of 
Public Instruction, or by the county superintendent. 

§ 28, No director shall be interested in any contract made by the 
board of which he is a member. 

§ 24. No director shall be interested in the sale, proceeds or profits 
of any book, apparatus or furniture used or to be used in any school 
in this State with which he may be connected. 

§ 25. Any person offending against the provisions of the two pre- 
ceding sections shall be liable to indictment, and upon conviction^ 
shall be fined in any sum not less than twenty-five (25) dollars and 
not more than five hundred (500) dollars, and may be imprisoned in 
the county jail not less than one nor more than twelve months, at 
the discretion of the court. 

§ 26. It shall be the duty of the board of directors of each dis- 
trict — 

First — At the annual election of directors to make a detailed re- 
port of their receipts and expenditures to the voters there present,, 
and transmit a copy of such report to the township treasurer within 
five days from the time of said election. 

Second— To report to the county superintendent within ten day& 
after their employment, the full names of all persons employed as 
teachers, the date of the beginning and the end of their contract. 

Third — To provide for the necessary revenue to maintain fre& 
schools in their district in the manner provided for in article VIII 
of this act. 

Fourth — When a district is composed of parts of two or more town- 
ships, the directors shall determine and inform the collectors of said, 
townships, and the collector or collectors of the county or counties in 
which said townships lie, in writing, under their hands as directors, 
which of the treasurers of the townships from which their district is- 
formed shall demand and receive the tax money collected by the said 
collector as aforesaid. 

Fifth — To establish and keep in operation for at least one hundred 
and ten (110) days of actual teaching in each year, without reduction 
by reason of closing schools on legal holidays, or for any other cause- 
and longer if practicable, a sufficient number of free schools for the 
accommodation of all children in the district over the age of six (6) 
and under twenty-one (21) years, and shall secure for all such chil- 
dred the right and opportunity to an equal education in such free 
schools. 

Sixth— To adopt and enforce all necessary rules and regulations, 
for the management and government of the schools. 

Seventh — To visit and inspect the schools from time to time as the 
good of the schools may require. 

Eighth — To appoint all teachers and fix the amount of their sala- 
ries. 



43 

Ninth — The directors shall direct what branches of study shall bo^ 
taught, and what text books and apparatus shall be used in the sev- 
eral schoolSj and strictly enforce uniformity of text books therein, but 
shall not permit text books to be changed oftener than once in four 
years, but shall prohibit such change.* 

Tenth — The directors shall have power to purchase, at the expense 
of the district, a sufficient number of the text books used to supply 
children whose parents are not able to buy them. The text books 
bought for such purpose shall be loaned only, and the directors shall 
require the teacher to see that they are properly cared for and re- 
turned at the end of each term of school. 

Eleventh — The directors shall, on or before the seventh day of 
July, annually, deliver to the township treasurer all teachers' sched- 
ules made and certified as required by the provisions of article VII 
of this act, covering all time taught during the school year, ending 
June 30th, and the directors shall be personally liable to the district for 
any loss sustained by it, through the failure of the directors to exam- 
ine and so deliver such schedules within the time fixed by law. 

Twelfth — The directors shall not pay out any public money to any 
teacher unless such teacl^er shall, at the time of his or her employ- 
ment, hold a certificate of qualification, obtained under the provisions- 
of this act, covering the entire period of his or her employment. f 

Thirteenth — The directors shall not pay any public funds to any 
teacher unless such teacher shall have kept and furnished schedules 
as required by this act, and shall have satisfactorily accounted for 
books, apparatus and other property of the district that he may have 
taken in charge. 

Fourteenth — The directors shall pay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors shall 
at once make out and deliver to the teacher an order upon the town- 
ship treasurer for the amount named in the schedule; which order 
shall state the rate at which the teacher is paid according to his con- 
tract, the limits of time for which the order pays, and that the direc- 
tors have duly certified a schedule covering this time. But it shall 
not be lawful for the directors to draw an order until they have duly 
certified to the schedule; nor shall it be lawful for the directors, after 
the date of filing schedules as fixed by law, to certify any schedule 
not delivered to them before that date by the teacher, when such 
schedule is for time taught before the first of July preceding, nor tO' 
give an order in payment of the teacher's wages for the time covered 
by such delinquent schedule. 

Fifteenth — At the annual election of directors, the directors shall 
cause a copy of the township treasurer's report of the financial con- 
dition of the district, provided by law, to be posted upon the front 
door of the building where such annual election is held. 



* See act requiring and regulating the study of physiology and hygiene, approved June 
9t 1897. 

t See section 5, article VII. 



44 

§ 27. The board of school directors shall be clothed with the fol- 
lowing additional powers: 

First — To use any funds belonging to their district, and not other- 
wise appropriated, for the purchase of a suitable book for their rec- 
ords. And the said records shall be kept in a punctual, orderly and 
reliable manner. 

Second— ^diid directors may, where they deem the amount of labor 
done sufficient to justify it, allow the clerk of such board of direc- 
tors, out of any funds not otherwise appropriated, compensation for 
duties actually performed. 

Third — They shall have power to dismiss a teacher for incom- 
petency, cruelty, negligence, immorality or other sufficient cause. 

Fourth — They shall have power to assign pupils to the several 
schools in the district; to admit non-residents when it can be done 
without prejudice to the rights of resident pupils, to fix rates of 
tuition; collect and pay the same to the township treasurer for the 
use of said district. 

Fifth — They may suspend or expel pupils who may be guilty of 
gross disobedience or misconduct, and no action shall lie against them 
for such expulsion or suspension. 

Sixth — They may provide that children under twelve (12) years of 
age shall not be confined in school more than four hours daily. 

Seventh — They may appropriate, for the purchase of libraries and 
apparatus, any school funds remaining after all necessary school ex- 
penses are paid. 

Eighth — When any school district owns any personal property not 
needed for school purposes, the directors of such district may sell 
such property at public or private sale, as in their judgment will be 
for the best interest of the district, and the proceeds of such sale 
shall be paid over to the treasurer of such district, for the beneQt of 
said school district. 

Ninth — They may grant special holidays whenever in their judg- 
ment such action is advisable: Provided, no teacher shall be re- 
quired to make up the time lost by the granting of such holidays. 

Tenth — They shall have the control and supervision of all school 
houses in their district, and may grant the temporary use of school 
houses when not occupied by schools, for religious meetings and 
Sunday schools, for evening schools and literary societies, and for 
such other meetings as the directors may deem proper. 

Eleventh —They shall have power to decide when the school house 
site, or the school buildings have become unnecessary, or unsuitable, 
or inconvenient for a school. 

Twelfth-r-They may borrow money, and issue bonds therefor, for 
building school houses, purchasing sites, repairing and improving 
school houses, in the way and manner provided for by article IX of 
this act. 



45 

§ 28. The school directors shall draw no order or warrant payable 
on demand upon the township treasurer or against any fund in his 
hands, unless at the time of drawing such order or warrant there are 
sufficient funds in his hands to pay the amount of the same: Pro- 
vided, this section shall not apply to orders issued to teachers for 
their wages. 

§ 29. Whenever there is no money in the treasur}/ of any school 
district to meet and defray the ordinary and necessary expenses 
thereof, it shall be lawful for the board of directors to provide that 
orders or warrants may be drawn and issued against and in an- 
ticipation of the collection of any taxes already levied by said 
directors for the payment of the ordinary and necessary expenses of 
any such district, to the extent of seventy-five per centum of th& 
total amount of said tax levy: Provided, that warrants drawn and 
issued under the provisions of this section shall show upon their 
face that they are payable solely from said taxes when collected, and 
not otherwise, and such warrants shall be received by any collector 
of taxes in payment of the taxes against which they are issued, and 
which taxes against which said warrants or orders are drawn shall 
be set apart and held for their payment. 

§ 30. The school directors shall be liable as directors for the bal- 
ance due teachers, and for all debts legally contracted. 

§ 31. It shall not be lawful for a board of directors to purchase 
or locate a school house site, or to purchase, build or move a school 
house, or to levy a tax to extend schools beyond nine months with- 
out a vote of the people at an election called and conducted as 
required by section 4 of article IX of this act. A majority of the 
votes cast shall be necessary to authorize the directors to act: Pro- 
vided, that if no one locality shall receive a majority of all the votes 
cast at such election, the directors may, if in their judgment the 
public interest requires it, proceed to select a suitable school house 
site; and the site so chosen by them shall, in such case, be legal and 
valid, the same as if it had been determined by a majority of the 
votes cast; and the site so selected by either of the methods above 
provided shall be the school house site for such district; and said 
district shall have the right to take the same for the purpose of a 
school house site either with or without the owner's consent, by 
condemnation or otherwise. 

§ 32. In case the compensation to be paid for the school house 
site mentioned in the preceding section can not for any reason be 
agreed upon or determined between the school directors and the 
parties interested in the land taken for such site, then it shall be the 
duty of the directors of such district to proceed to have such com- 
pensation determined in the manner which may be at the time pro- 
vided by law for the exercise of the right of eminent domain: Pro- 
vided, that no tract of land lying outside of the limits of any incor- 
porated city or village, and lying within forty rods of the dwelling 
house of the owner of the land, shall be taken for a school site with- 
out the owner's consent. 



46 

§ 33. Any director wilfully failing to perform his duties as direct- 
ed under this act, may be removed by the county superintendent, and 
a new election ordered, as in other cases of vacancies. 

§ 84. All funds belonging to any school district, and coming from 
any source, shall be paid out only on order of the board of directors, 
signed by the president and clerk of said board, or by a majority of 
said board. In all such orders shall be stated the purpose for which 
or on what account such order was drawn. Such order may be in 
the following form: 

The treasurer of township No , range No , in 

county, will pay to or bearer, dollars and 

cents, (on his contract for repairing- school house, or whatever the purpose 

naay be) . By order of the board of directors of school district No 

in said township. 

A B , President. 

C D Clerk. 

§ 35. Pupils shall not be transferred from one district to another 
without the written consent of a majority of the directors of each 
district, which written consent shall be delivered to and filed with 
the proper township treasurer, and shall be evidence of such consent. 
A separate schedule shall be kept for each district, and in each 
schedule shall be certified the proper amount due the teacher from 
that district, computed upon the basis of the total number of days' 
attendance of all schedules. If the district from which the pupils 
are transferred is in the same township as the district in which the 
school is taught, the directors of said district shall deliver the separ- 
ate schedules to their township treasurer, who shall credit the dis- 
trict in which the school was taught, and charge the other district 
with the respective amounts certified in said separate schedules to 
be due. If pupils are transferred from a district of another town- 
ship, the schedule for that district shall be delivered to the directors 
thereof, who shall immediately draw an order on their treasurer in 
favor of tbe treasurer of the township in which the school was taught 
for the amount certified to be due in said separate schedule. 

§ 36. When a school is composed in part of pupils transferred, 
as provided for in the preceding section, from other townships, the 
duty of collecting the amount due on account of such pupils shall 
devolve upon the directors of the district in which the school was 
taught. 



47 
' Article VI. 

BOARD OF EDUCATION. 



§ 17. 

g 18. 

§ 19. 

§ 20. 
? 21. 

g 22. 
g 23. 
§ 24. 

§ 25. 

g 26. 
g 27. 

g 28. 

g 29, 



Number of members in board of edu- 
cation of cities having over 100,000 
inhabitants, and manner of their ap- 
pointment. 

Eligibility to membership in boards of 
education in such cities. 

Organization; employes of the board; 
term. etc. 

Records; yeas and nays. 

Powers with concurrence of city coun- 
cil defined. 

Other powers defined. 

Duties defined. 

Business to be done at s^ regular meet- 
ing. 

Conveyances of real estate made to 
city in trust. 

School moneys held by city treasurer. 

City not liable for excess of expendi- 
tures; board not authorized to tax. 

Powers of board not to be exercised by 
city council. 

Authority of boards in certain cities 
to issue certificates. 



2 1. Cities and villages. 

g 2. Board of education in all districts not 
less than 1,000 inhabitants; number 
of members. 

? 3. President of the board. 

g 4. Duties and powers of the president. 

I 5. Annual election of members; term of 
office. 

^ 6. Notice of election: form of notice. 

^ 7. Election on any Saturday. 

g 8. Conduct of election. 

i 9. Election of members of board of edu- 
cation to succeed directors. 

g 10. Powers and duties of the board de- 
fined. 

g 11. Yeas and nays. 

? 12. Business to be done at a regular ©r 
special meeting. 

I 13. Conveyances of real estate, how made. 

g 14. School moneys in charge of township 
treasurer. 

i 15. Special acts may be relinquished; 
manner of change and form of notice. 

5 16. Eedistricting under this act; election 
of school boards. 

Section 1. Incorporated cities and villages, except such as now 
have charge and control of free schools by special acts, shall be and 
remain parts of the school townships in which they are respectively 
situated and be subject to the general provisions of the school law, 
except as otherwise provided in this article. 

§ 2. In all school districts having a population of not less than 
one thousand and not over one hundred thousand inhabitants, and 
not governed by any special act in relation to free schools now in 
force, there shall be elected, instead of the directors provided by law 
in other districts, a board of education, to consist of a president of 
the board of education, six members, and three additional members 
for every additional ten thousand inhabitants. Whenever additional ' 
members of such board of education are to be elected by reason of 
increased population of such district, such members shall be elected 
on the third Saturday of April succeeding the ascertaining of such 
increase by any special or general census, and the notice of such elec- 
tion shall designate the term for which the members are to be elected, 
so that one-third of the board shall be elected for each year: Pro- 
vided, that in no case shall said board consist of more than fifteen 
members. 



48 

§ 3. The president of said board of education shall be elected an- 
nually, at the same time the members of the board of education are 
elected, and he shall hold his office for the term of one year, and un- 
til his successor is elected and qualified. 

§ 4. The president of the board of education so elected shall pre- 
side at all meetings of said board, and shall give the casting vote in 
case of a tie between the members thereof; but otherwise he shall 
not have a vote. He shall sign all orders for the payment of money 
ordered by said board, and generally perform such duties as are im- 
posed by law upon presidents of boards of directors, or that may be 
imposed upon him by said board of education, not in conflict with 
law: Provided, that in the absence or inability to act as said presi- 
dent, said board may appoint a president pro tempore from their 
number. 

§ 5. The annual election of members of the board of education 
shall be on the third Saturday in April, when one- third of the mem- 
bers shall be elected for three years, and until their successors are 
elected and qualified. 

§ 6. iJ^otice of such election shall be given by the board of educa- 
tion at least ten days previous to such election by posting notices in. 
at least three of the most public places in said district, which shall 
specify the place where such election is to be held, the time of open- 
ing and closing the polls and the purpose for which such election is 
held, which notice may be in the following form, to- wit: 

Public notice is given hereby, that on Saturday, the day of April, 

A. D , an election will be held at between the 

hours of and of said day, for the purpose of electing a presi- 
dent of the board of education of district No , township No 

range No. , and members of the board of education of said 

district. 

Dated this day of , A. D 

A B , President. 

C D , Cleric. 

§ 7. In case of a failure to give the notice above provided for, 
such election may be held on any Saturday after such notice has 
been given as aforesaid. 

§ 8. Such election shall be conducted in the same manner, and 
be governed by the provisions of this act relating to the election of 
boards of directors, except as otherwise provided by law. 

§ 9. At the first election of directors succeeding the passage of 
this act, in any district having a population of not less than one thou- 
sand (1,000) inhabitants by the census of 1880, and in such other 
districts as may hereafter be ascertained by any special or general 
census to have a population of not less than one thousand inhabi- 
tants, at the first election of directors occurring after taking such 
special or general census, there shall be elected a board of education, 
who shall be the successors of the directors of the district; and all 
rights of property and all rights or causes of action existing or vested 
in such directors, shall vest in said board of education, in as full and 
complete a manner as was vested in the school directors. Such board. 



49 

at its first meeting, shall fix by lot, the term of office of its members 
so that one-third of them shall serve for one year, one-third for two 
years and one-third for three years, and thereaft^ one-third shall be 
elected annually on the third Saturday in April, to fill the vacancies 
occurring, and to serve for the term of three years. 

§ 10. The board of education shall have all the powers of school 
directors; and, in addition thereto and inclusive thereof, they shall 
have the power and it shall be their duty — 

First — To establish and support free schools not less than six nor 
more than ten months in each year. 

Second— ^o repair and improve school houses, and furnish them 
with the necessary fixtures, furniture, apparatus, libraries and fuel. 

Third — To examine teachers as supplemental to any other exami- 
nation, to employ teachers and to fix the amount of their salaries. 
[As amended by act approved June 19, 1893.] 

Fourth — To establish schools of difiPerent grades, and make regu- 
lations for the admission of pupils into the same. 

Fifth — To buy or lease sites for school houses, with the necessary 
grounds: Provided, it shall not be lawful for such board of educa- 
tion to purchase or locate a school house site, or to purchase, build 
or move a school house, unless authorized by a majority of all voters 
voting at an election called for such purpose in pursuance of a peti- 
tion signed by not less than five hundred legal voters of such district, 
or by one- fifth of all the legal voters of such district. 

Sixth — To levy a tax, annually, upon the taxable property of the 
district, in the manner provided in article VIII of this act, for the 
purpose of supporting and maintaining free schools in accordance 
with the powers herein conferred: Provided, that it shall not be 
lawful for such board of education to levy a tax to extend schools be- 
yond a period of ten months in each year, except upon petition of a 
majority of the voters of the district: And, provided further, that 
all taxes shall be levied under the limitations relating to the percent- 
age of the assessment, as provided by section 1, article VIII of this 
act. 

Seventh — To employ, should they deem it expedient, a competent 
and discreet person or persons as superintendent or superintendents 
of schools, and fix and pay a proper salary or salaries therefor; and 
such superintendent may be required to act as principal or teacher 
in such schools. 

Eighth — To lay ofP and divide the district into sub-districts, and 
from time to time alter the same, create new ones and consolidate 
them. 

Ninth — To visit all the public schools as often as once a month to 
inquire into the progress of scholars and the government of the 
schools, 

4 S. 



50 

Tenth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner.* 

Eleventh — To expel any pupil who may be guilty of gross disobe- 
dience or misconduct. No action shall lie against them for such ex- 
pulsion. 

Twelfth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the schools may, in their opinion, require such 
removal or dismissal. 

Thirteenth — To apportion the scholars to the several schools. 

Fourteenth — To establish and promulgate all such by-laws, rules 
and regulations for the government and the establishment and main- 
tenance of a proper and uniform system of discipline in the several 
schools as may, in their opinion, be necessary. 

Fifteenth — To take charge of the school houses, furniture, grounds 
and other property belonging to the district, and see that the same 
are kept in good condition, and not suffered to be unnecessarily in- 
jured or deteriorated. 

Sixteenth — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school houses, or 
other property belonging to or under the control of the district. 

Seventeenth — To appoint a secretary and provide well bound books 
at the expense of the school tax fund, in which shall be kept a faith- 
ful record of all their proceedings. 

Eighteenth — To annually prepare and publish in some newspaper, 
or in pamphlet form, a report of the number of pupils instructed in 
the year preceding, the several branches of study pursued by them, 
of the number of persons between the ages of twelve and twenty-one 
unable to read and write, and the receipts and expenditures of each 
school, specifying the source of such receipts and the objects of such 
expenditures. 

§ 11. In all questions involving the expenditure of money, the 
yeas and nays shall be taken and entered on the records of the pro- 
ceedings of the board. 

§ 1 2. None of the powers herein conferred upon boards of educa- 
tion shall be exercised by them, except at a regular or special meet- 
ing of the board. 

§ 18. All conveyances of real estate shall be made to the township 
trustees in trust for the use of schools, and no conveyance of any real 
estate or interest therein used for school purposes, or held in trust 
for schools, shall be made, except by the board of trustees, upon the 
written request of such board of education. 

§ 14. All money raised by taxation for school purposes, or re- 
ceived from the State common school fund, or from any other source 
for school purposes, shall be held by the township treasurer as a 

*See act requiring and regulating the study of physiology and hygiene, approved June 
9, 1897. 



51 

special fund for school purposes, subject to the order of the board of 
education, upon warrants signed by the president and secretary 
thereof. 

§ 15. Any city, incorporated town, township or district in which 
free schools are now managed under any special act, may, by vote of 
its electors, cease to control such schools under such special act, and 
become part of the school township in which it is yituated, and sub- 
ject to the control of the trustees thereof, under and according to the 
provisions of this act. 

Upon petition of fifty voters of such city, town, township or dis- 
trict, presented to the board having control and management of 
schools in such city, town, township or district, it shall be the duty 
of such board, at the next ensuing election to be held in such city, 
town or township or district, to cause to be submitted to the voters 
thereof, giving not less than fifteen days' notice thereof, by posting 
not less than five notices in the most public places in such city, town, 
township or district, the question of "Organization under the Free 
School Law;" which notice shall be in the following form, to-wit: 

Public notice is hereby given that on the day of A. D. 

, an election will be held at , between the hours of 

M. and M. of said day, for the purpose of deciding the question 

of "Organization under the Free School Law." 

§ 16. If it shall appear on a canvass of the returns of such elec- 
tion, that a majority of the votes cast at such election are "For Or- 
ganization under the Free School Law," then at the next ensuing 
regular meeting of the board of trustees of the township or town- 
ships in which such city, incorporated town, township or district is 
situated, said trustees shall proceed to redistrict the township or 
townships as aforesaid, in such manner as shall suit the wishes and 
convenience of a majority of the inhabitants in their respective town- 
ships, and to make a division of funds and other property in the 
manner provided for by section 63 of article III of this act, and on 
any Saturday thereafter there shall be elected, in each of the new 
districts so formed, a director, directors or board of education, as the 
case may be, in the manner provided for in section 6 of article V of 
this act, and thereafter such districts shall proceed as other districts 
under this act, but all subsequent elections of directors or boards of 
education shall be conducted as provided in sections 5 and 8 of article 
y of this act.* 

§ 17. In cities having a population exceeding one hundred thous- 
and inhabitants, from and after this act shall take effect, the board 
of education shall consist of twenty-one members, to be appointed by 
the mayor, by and with the advice and consent of the common coun- 
cil, seven of whom shall be appointed for the term of one year, seven 
for the term of two years, and seven for the term of three years: 
Provided, however, that in such cities wherein there is now a board 
of education, holding their office by appointment, such officers shall 
continue in office until the time at which their terms would have ex- 



*See further provision in act approved June 2, 1891, and act approved June 10, 1897. 



52 
# 

pired under the law in force at the time of their appointment. At 
the expiration of the term of any members of said board, their suc- 
cessors shall be appointed in like manner and shall hold their office 
for the term of three years. Any vacancy which may occur shall be 
filled by the appointment of the mayor, with the approval of the com- 
mon council, for the unexpired term: And, provided further, that 
from and after this act shall take effect there shall be appointed by 
the mayor, by and with the advice and consent of the common coun- 
cil, six members, two of whom shall be appointed for the term of one 
year, two for the term of two years, and two for the term of ^hree 
years. [As amended by act approved June 22, 1891 ] 

§ 18. Any person having resided in any such city more than five 
years next preceding his appointment, shall be eligible to member- 
ship of such board of education. 

§ 19. The said board of education shall appoint a president and 
secretary, the president to be appointed from their own number, and 
shall appoint such other officers and employes as such board shall 
deem necessary, and shall prescribe their duties and compensation 
and terms of office. 

§ 20. The said board shall provide well bound books, at the ex- 
pense of the school tax fund, in which shall be kept a faithful record 
of all their proceedings. The yeas and nays shall be taken and en- 
tered on the records of the proceedings of the board upon all ques- 
tions involving the expenditure of money. 

§ 21. The said board of education shall have charge and control 
of the public schools in such cities, and shall have power, with the 
concurrence of the city council — 

First — To erect or purchase buildings suitable for school houses, 
and keep the same in repair. 

Second — To buy or lease sites for school houses with the necessary 
grounds. If said board of education shall be unable to agree with 
the owner or owners for the purchase of such site, then, with the con- 
currence of the city council, it may acquire the title to said site in 
the manner that may be now or hereafter provided for by any law of 
eminent domain. Such proceedings to condemn shall be in the name 
of said city in trust for the use of the schools. [Amended by an act 
approved April 22, 1899.] 

Third — To issue bonds for the purpose of building, furnishing and 
repairing school houses, for purchasing sites for the same, and to 
provide for the payment of said bonds; to borrow money for school 
purposes upon the credit of the city. 

§ 22. The said board of education shall have power — 

First — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Second — To maintain, support and establish schools and supply the 
inadequacy of the school funds for the salaries of school teachers 
from school taxes. 

Tliird — To hire buildings or rooms for the use of the board. 



53 

Fourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their compen- 
sation. 

Sixth — To prescribe the school books to be used, and the studies 
in the different schools. 

Seventh — To lay off and divide the city into school districts, and 
from time to time alter the same and create new ones, as cir- 
cumstances may require, and generally to have and possess all the 
rights, powers and authority required for the proper management of 
schools, with power to enact such ordinances, as may be deemed nec- 
essary and expedient for such purpose. 

Eighth — To expel any pupil who may be guilty of gross disobedi- 
ence or misconduct. 

Ninth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the school may, in their opinion, require such 
removal or dismission. 

Tenth — To apportion the scholars to the several schools. 
Eleventh— To lease school property, and to loan moneys belonging 
to the school fund. 

§ 28. It shall be the duty of such board of education — 

First — To take the entire superintendence and control of the 
schools in such cities. 

Second — To examine all persons offering themselves as candidates 
for teachers, and when found well qualified to give them certificates 
gratuitously. 

Third — To visit all the public schools as often as once a month. 

Fourth — To establish all such by-laws, rules and regulations for 
the government and for the establishment and maintenance of a 
proper and uniform system of discipline in the several schools as 
may, in their opinion, be necessary. 

Fifth — To determine from time to time how many and what class 
of teachers may be employed in each of the public schools, and em- 
ploy such teachers and fix their compensation. 

Sixth — To take charge of the school houses, furniture, grounds 
and other property belonging to the school districts, and see that the 
same are kept in good condition and not suffered to be unnecessarily 
injured or deteriorated. 

Seventh — To provide fuel and such other necessaries for the schools 
as, in their opinion, may be required in the school houses, or other 
property belonging to the said districts. 

Eighth — To inquire into the progress of scholars and the govern- 
ment of the schools. 



54 

Ninth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner. 

Tenth — To prescribe what studies shall be taught, and what books 
and apparatus shall be used. 

Eleventh — To report to the city council, from time to time, any 
suggestions they may deem expedient or requisite in relation to the 
schools and the school fund, or the management thereof, and gener- 
ally to recommend the establishment of new schools and districts. 

Twelfth — To prepare and publish an annual report, which shall in- 
clude the receipts and expenditures of each school, specifying the 
source of such receipts and the object of such expenditures. 

Thirteenth — To communicate to the city council, from time to 
time, such information within their possession as may be required. 

§ 24. None of the powers herein conferred upon the board of ed- 
ucation of such cities shall be exercised by them except at a regular 
meeting of such board. 

§ 25. All conveyances of real estate shall be made to, and the title 
of all such as shall be acquired by condemnation shall rest in the city 
in trust for the use of the schools, and no sale of real estate or in- 
terest therein used for school purposes or held in trust for schools 
shall be made, except by the city council upon the written request 
of such board of education. [As amended by act approved April 22, 
1899.] 

§ 26. All moneys raised by taxation for school purposes or re- 
ceived from the State common school fund, or from any other source 
for school purposes, shall be held by the city treasurer as a special 
fund for school purposes, subject to the order of the board of educa- 
tion, upon warrants to be countersigned by the mayor and city 
comptroller, if there shall be any city comptroller appointed, if not 
then by the city clerk. [As amended by an act approved April 22, 
1S99.] 

§ 27. Said board of education shall not add to the expenditures 
for school purposes anything over and above the amount that shall 
be received from the State common school fund, the rental of school 
lands or property, and the amount annually appropriated for such 
purposes. If said board shall so add to such expenditure the city 
shall not, in any case, be liable therefor. And nothing herein con- 
tained shall be construed so as to authorize any such board of educa- 
tion to levy or collect any tax upon the demand, or under the direc- 
tion of such board of education. 

§ 28. All schools in such cities shall be governed as hereinbefore 
stated, and no power given to the board of education shall be exer- 
cised by the city council of such city. 

§ 29.* Boards of education in all cities having but one board ex- 
ercising jurisdiction over the schools of the district of which said city 



*This section, 29. was added to article VI by an act approved April 24, 1899, in force July 
1.1899; and all acts and parts of acts in conflict with section 29 were repealed by section 2 of 
the same act. 



55 

may be a whole or part and having a population exceeding thirty- 
thousand and not exceeding one hundred thousand inhabitants as 
shown by the last preceding federal or school census, shall have 
power to examine all persons ofPering themselves as candidates for 
teachers, and when found well qualified, to give them certificates. 
Any such certificate shall be held to authorize the teacher having the 
same to teach only in the schools of such district, and to entitle such 
teacher to receive compensation therefor from the public school fund. 
The examination herein provided for shall in every case extend to 
and include all the branches enumerated in the examination now, or 
which shall be hereafter required by general law to be given by county 
superintendents, and shall not be construed so as to dispense with 
the teaching in the public schools of this State of any study which is 
now or may hereafter be prescribed by general law. Every appli- 
cant for a teacher's certificate shall pay to the board of education the 
fees which may be required to be paid to the county superintendents 
by general law, and the said board shall transmit the same monthly 
to said county superintendents. 



Article VII. 



TEACHERS. 



§ 1. Age and qualifications; graduates of 
county normal schools. 

? 2. State certificates. 

§ 3. First and second grade certificates; 
subjects for examination; renewal 
and revocation; form of certificate. 

§ 4. Record by county superintendent. 

§ 5. Must have a certificate. 

g 6. Subjects to be taught. 

g 7. Examinations by county superintend- 
ent. 

g 8. Fee to be charged. 

g 9. Moneys thus received paid to county 
treasurer, 



g 10. Annual institute. 

g 11. No deduction of wages when attending 
institutes held on school days. 

g 12. Responsible for the property of the 
district. 

g 13. Must keep registers; form of register. 

g 14. Schedules.or statements of attendance 
to be made; form of schedule. 

g 15. Schedules to be delivered to directors; 
certificate of directors. 

g 16. Teacher's wages payable monthly; un- 
paid orders to draw interest. 

g 17. School month; holidays. 



Section 1. No teacher shall be authorized to teach a common 
school under the provisions of this act who is not of good moral char- 
acter, at least eighteen years of age, if a male, or seventeen years of 
age, if a female, and who does not possess a certificate of qualifica- 
tions as hereinafter provided for: Provided, that in any county in 
which a county normal school is established, under the control of a 
county board of education, the diplomas of graduates in said normal 
school shall, when directed by said board, be taken by the county 
superintendent as sufficient evidence of qualification to entitle the 
holder to a first grade certificate; but such diplomas shall not be suf- 
ficient after two years from such graduation. 



56 

§ 2. The State Superintendent of Public Instruction is hereby 
authorized to grant State certificates to such teachers as may be found 
worthy to receive them; such certificates shall be of two grades, and 
both shall be valid in every county and school district in the State. 
The higher grade shall be valid during the lifetime of the holder, and 
the lower grade shall be valid for five years. But State certificates 
shall only be granted upon public examination, of which due notice 
shall be given, in such branches and upon such terms and by such 
examiners as the State Superintendent and the principals of the 
State universities may prescribe. Said certificates may be revoked 
by the State Superintendent upon proof of immoral or unprofes- 
sional conduct. [As amended by an act approved April 28, 1898.] 

§ 3. It shall be the duty of the county superintendent to grant 
certificates to such persons as may, upon due examination, be found 
qualified. Said certificates shall be of two grades; those of the first 
grade shall be valid in the county for two years, and shall certify 
that the person to whom such certificate is given is of good moral 
character, and is qualified to teach orthography, reading in English, 
penmanship, arithmetic, English grammar, modern geography, the 
elements of the natural sciences, the history of the United States, 
physiology and the laws of health. Certificates of the second grade 
shall be valid for one year, and shall certify that the person to whom 
such certificate is given, is of good moral character, and is qualified 
to teach orthography, reading in English, penmanship, arithmetic, 
English grammar, modern geography, and the history of the United 
States:* Provided, that teachers exclusively teaching music, draw- 
ing, penmanship, book-keeping, German or any other special study 
shall not be required to be examined except in reference to such 
special study; and in such cases it shall not be lawful to employ 
such teachers to teach any branch of study except such as they have 
been examined upon and which shall be stated in the certificates. 
The county superintendent may, in his option, renew said certificates 
at their expiration by his endorsement thereon, and may revoke the 
same at any time for immorality, incompetency, or other just cause. 
Said certificates may be in the following form, viz. : 

, Illinois, , A. D. , 

The undersigned, havine- examined in orthography, reading 

in English, penmanship, arithmetic, English grammar, modern geography, 
the history of the United States, and methods of teaching, and being satisfied 

that is of good moral character, hereby certifies that 

qualifications in the above branches are such as to entitle to this 

certificate, being of the grade, and valid in said county for 

year from the date hereof, renewable at the option of the 

county superintendent by his endorsement thereon. 

G-iven under my hand and seal at the date aforesaid. 

A. B., 
County Superintendent of Schools. 

[As amended by an act approved June 21, 1895.] 

§ 4. Each county superintendent shall also keep a record, in a 
book provided for that purpose, of all teachers to whom he grants 
certificates. Said record shall show the date and grade of each cer- 

* See act requiring and regulating the study of physiology and hygiene, approved June 
9. 1897. 



57 



tificate and all renewals granted, and the name, age and nativity of 
each teacher; and shall give the names of male and female teachers 
separately. Said record may be as follows, viz.: 



Name. 


Agre. 


Nativity 


Date. 


Grade. 


Experience. 


Graduated. 


C'has. Thompson. 


25 


Illinois .. 


Mar. 1, 1888 


1 


Has taught 5 
years 


State Normal University 



§ 5. No teacher shall be entitled to any portion of the common 
school or township fund, or other public fund, or be employed to 
teach any school under the provisions of this act, who shall not, at 
the time he enters upon his duties as such teacher, have a certificate 
of qualification obtained under the provisions of this act from the 
superintendent of the State, or the county superintendent of the 
county in which the school is located, entitling him to teach. [As 
amended by act approved June 19, 1893.] 

§ 6. Every school established under the provisions of this act 
shall be for instruction in the branches of education prescribed in 
the qualifications for teachers, and in such other branches, including 
vocal music and drawing, as the directors, or the voters of the dis- 
trict at the annual election of directors may prescribe. 

§ 7. It shall be the duty of the county superintendent to hold 
meetings, at least quarterly, and oftener, if necessary, for the exam- 
ination of teachers, on such days and in such places in the respective 
counties, as will, in their opinion, accommodate the greatest number 
of persons desiring snch examination. Notice of such meetings shall 
be published a sufficient length of time, in at least one newspaper of 
general circulation, the expense of such publication to be paid out 
of the school fund. 

§ 8, The county superintendent shall in all cases require the pay- 
ment of a fee of one dollar from every applicant for examination for 
a teacher's certificate, and for each renewal of such a certificate he 
shall require the payment of a fee of one dollar. 

§ 9. All moneys so received from applicants for teachers' certifi- 
cates, and from the registration fees hereinafter provided for, the 
said county superintendent shall transmit monthly to the county 
treasurer, to be by him held and designated as the institute fund, and 
with such fund the county superintendent shall give the treasurer a 
list of the names of the persons paying such fees. Said fund shall 
be paid out by the county treasurer only upon the order of the county 
superintendent, and only to defray the expenses of the teachers' in- 
stitutes, which the county superintendent is, by the following sec- 
tions, authorized to hold. The county superintendent shall take 
vouchers for all payments made out of the institute fund, and he 
shall render an account of such disbursements, with vouchers for the 
same, to the county board at their regular meeting in September 
annually. 



58 

§ 10, The county superintendent shall hold, annually, a teachers' 
institute, continuing in session not less than five days, for the in- 
struction of teachers and those who may desire to teach; and, with 
the concurrence of the State Superintendent of Public Instruction, 
procure such assistance as may be necessary to conduct said institute 
at such time as the schools of the county are generally closed: Pro- 
vided, that two or more adjoining counties may hold an institute 
together. At every such institute instruction shall be free to such 
as hold certificates good in the county (or counties where two or 
more join to hold an institute) in which the institute is held; but the 
county superintendent shall require all others attending to pay him 
a registration fee of one dollar, except those who have paid him an 
examination fee as required by section 8 of this article, and failed to 
receive a certificate. 

§ 11. The time not exceeding three days in any one term, or five 
days in any one school year, during term time, actually spent by a 
teacher of any public school in this State in attendance upon a 
teachers' institute, held under the direction of the county superin- 
tendent of schools, shall be considered time lawfully expended by 
such teacher in the service of the district where such teacher is em- 
ployed, and no deduction of wages shall be made for such absences. 
And it shall be the duty of the school officers and boards of educa- 
tion to allow teachers to close their schools for such attendance upon 
such institute. 

§ 12. It shall be the duty of every teacher employed in the public 
schools of the State to see that the school property of the district, 
placed under his care and control, is not unnecessarily damaged or 
destroyed. And no teacher shall be paid any part of the school 
funds, unless he shall have kept and furnished schedules (when re- 
quired by law) as hereinafter directed, and shall also have satisfac- 
torily accounted for all books, apparatus and other property belong- 
ing to the district, which he may have taken in charge. 

§ 13. Teachers shall keep correct daily registers of their schools, 
which shall exhibit the name, age, and attendance of each pupil, the 
day of the week, the month and the year. Said registers shall be as 
nearly, as may be, in the following form, the absence of each scholar 
being signified by a mark, the presence by a blank, viz. : 

Register of a common school kept by A. B,, at in district 

No in township No range of the principal 

meridian, in the county of in the State of Illinois. 



59 



Names And Ages op Scholars Attend- 
ing School. 


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Grand total No. of days 


64 




Males. 


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Total." 




2 


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4 





























Average daily attendance 3.2 



Said register shall be furnished to the teachers by the school di- 
rectors, and each teacher shall, at the end of his term of school, return 
his register to the clerk of the school board of the district. And no 
teacher shall be paid any part of the public funds unless he shall 
have accurately kept and returned the register as aforesaid. 

§ 14. In all districts controlled by a board of directors, teachers- 
shall make schedules of the names of all scholars under twenty-one 
(21) years of age attending school, in the form prescribed by this 
act, and when scholars reside in two (2) or more districts, townships 
or counties, separate schedules shall be kept for each district, town- 
ship or county. Boards of education may require teachers under 
their control to make schedules as herein directed, or to make state- 
ments certifying the number of days' attendance for each month, as 
shown by their registers, which statements shall be certified to by the 
board of education, and be subject to the same requirements con- 
cerning payment of teachers' salary and filing as those made by this- 
act concerning schedules. The schedules to be made and returned 
by the teacher shall be, as near as circumstances will permit, in the 
following form, viz.: 

Schedule of commmon school kept by at , in 

district No , township No , range No of the 

principal meridian, in the county of in the State 

of Illinois. Names and ages of scholars residing in district No 

in township No north, range west, county,. 

who have attended in my school during the time beginning the 

day of ., 18 , and ending the day of ,18 

during which time the school was in session school days. 



60 



Name. 



John Smith 

Isaac Meisler 

Sarah Danforth. 
Mary Newman.. 



Grand total number of days' attendance. 




Days 
Attended. 



64 







Males. 


Females. 


Total. 




2 


2 


4 






Average daily attendance 


3 2 











And said teacher shall add up the whole number of days' attend- 
ance of each scholar, and make out the grand total number of days' 
attendance. He shall also note the whole number of scholars, giving 
the males and females separately; the average daily attendance, and 
shall set the age of each pupil opposite the nam© of such pupil, as in 
the form above prescribed, and shall attach thereto his certificate, 
which shall be in the following form, viz.: 

I certify that the foregoing schedule of scholars attending my school as 
therein named, and residing as specified in said schedule, to the best of my 
knowledge and belief is correct. 

A B , Teacher. 

§ 15. When the teacher shall have completed his or her schedule 
or schedules as provided in the foregoing section, he or she shall de- 
liver it to some one of the directors, who shall, if requested, give the 
teacher a receipt for the same. And it shall be the duty of the said 
director, in connection with at least one other director of the board, 
to carefully examine such schedule or schedules, and after correcting 
all errors, if any, if they shall find such schedule to have been kept 
according to law; they shall certify to the same as near as practicable, 
in the following form, viz: 



State of Illinois,") 



ss. 



County. 

We, the undersigned directors of district No , township No. 

, range No , in the county aforesaid, certify that we have 

carefully examined the foregoing schedule and find the same to be correct, 
and that the school was conducted according to law; that the teacher is paid 

as per contract dollars per ; that the sum of dollars 

is now due for services for the month ending ; that 

said teacher has a legal certificate of grade, and that the property 

of said district in charge of such teacher has been satisfactorily accounted for. 

Witness our hands this day of , A. D 



Directors. 



61 

§ 16. Teachers' wages are hereby declared due and payable 
monthly, and upon certifying to the schedule or statement, as here- 
inbefore provided for, the directors, or board of education may at 
once make out and deliver to the teacher an order upon the township 
treasurer for the amount named in the schedule or statement; which 
order shall state the rate at which the teacher is paid according to 
his contract, the limits of the time for which the order pays, and 
that the directors have duly certified a schedule covering the time 
specified in such order: Provided, that in case said order shall be 
presented to the township treasurer and not paid for want of funds, 
said treasurer shall certify On the back of such order the date of 
presentation as required by section 18 of article IV of this act, and 
thereafter such order shall bear interest at the rate of seven per cent 
per annum until paid, or until the said treasurer shall notify the 
clerk of the board of directors issuing such order that he has funds 
with which to pay the same. [As amended by an act approved April 
24, 1899.] 

§ 17. The school month shall be the same as the calendar month, 
but teachers shall not be required to teach upon Saturdays, Sundays, 
legal holidays, these being New Year's, Fourth of July, Christmas 
and Thanksgiving, and fast days appointed by the national or state 
authority; nor shall they be required to make up the time lost by 
closing school upon such days or upon such special holidays as may 
be granted the schools by the board of directors. 



Article VIII. 



revenue-Taxation. 



I 8. Certificate of amount due each dis- 
trict. 

g 9. Collector to pay township treasurer. 

§ 10. Districts lying in two townships. 

g H. Penalty for failure to pay. 

g 12. Blank books and notices. 

g 13. Failure to file certificate does not viti- 
ate the assessment. 



g 1. Power to tax; limitations. 

g 2. Certificate of tax levy; time of return; 
form. 

g 3. Return of certificate to county clerk; 
map filed. 

§ 4. District in two counties. 

g 5. Taxes computed by county clerk. 

g 6. Assessors to designate the district. 

g 7. County clerk to copy numbers of dis- 
tricts; taxes to be uniform. 

§ 202.* May levy tax annually for school purposes.] For 
the purpose of establishing and supporting free schools, for not less 
than five or more than nine months in each year, and defraying all 
the expenses of the same of every description; for the purpose of re- 
pairing and improving school houses, of procuring furniture, fuel, 
library and apparatus, and all other incidental expenses in each dis- 
trict, village or city, anything in any special charter notwithstanding. 



.[*This act is evidently intended to amend section one of article VIII. of the act of 1889. 
The number. 202. cited in the act, is the number of the paragraph of Chapter 122, Kurd's 
Revised Statutes.] 



62 

the directors of such district and the authorities of such village or 
■city shall be authorized to levy a tax annually upon all the taxable 
property of the district, village or city, not to exceed two and one- 
half per cent for educational and two and one-half per cent for build- 
ing purposes (except to pay indebtedness contracted previous to the 
passage of this act) , the valuation to be ascertained by the last assess- 
ment for State and county taxes. [As amended by an act approved 
April 12, 1899.] 

§ 202.* For the purpose of establishing and supporting free 
schools for not less than six nor more than nine months in each year, 
and defraying all the expenses of the same of every description, for 
the purpose of repairing and improving school houses, of procuring 
furniture, fuel, libraries and apparatus, and for all other necessary in- 
cidental expenses in each district, village or city, anything in any 
special charter to the contrary notwithstanding, the directors of such 
district and the authorities of such village or city shall be authorized 
to levy a tax annually upon all the taxable property of the district, 
village or city not to exceed two and one-half per cent, for educa- 
tional and two and one-half per cent, for building purposes (except to 
pay indebtedness contracted previous to the passage of this act), the 
valuation to be ascertained by the last assessment for State and 
county taxes: Provided, that in cities having a population exceeding 
one hundred thousand inhabitants the board of education may estab- 
lish and maintain vacation schools and play grounds under such rules 
as it shall prescribe. 

And, provided further, that nothing herein contained shall be held 
to repeal or modify the limitations contained in section forty-nine 
(49) of an act entitled, "An act for the assessment of property and 
providing the means therefor, and to repeal a certain act therein 
named," approved February 25, 1898. [As amended by an act ap- 
proved April 21, 1899.] 

§ 2. The directors of each district shall ascertain, as near as prac- 
ticable, annually, how much money must be raised by special tax for 
school purposes during the ensuing year, which amount shall be cer- 
tified and returned to the township treasurer on or before the first 
Tuesday in August, annually. The certificate of the directors may 
be in the following form, viz. : 

We hereby certify that we require the sum of dollars, to be 

levied as a special tax for school purposes, and dollars for build- 
ing: purposes, on the taxable property of our district, for the year A. D., 



Given under our hands this day of A. D 

A. B., ] Directors district No township 



CD., 
E. F., 



- No range No county 

of State of Illinois. 



[*This act is evidently intended to amend section one of article VIII, of the act of 1889. 
The number, 202, cited in the act, is the number of the paragraph of chapter 122, Hurd's Re- 
vised Statutes.] 



63 

§ 3. It shall be the duty of the township treasurer to return the 
certificate mentioned in the foregoing section to the county clerk, on 
or before the second Monday of August, and whenever the bounda- 
ries of the districts of the townships shall have been changed, the 
township treasurer shall return to the county clerk, with the certifi- 
cates, a map of the township, showing such changes, and certified as 
required by the provisions of this act. 

§ 4, When a district lies partly in two or more counties, the di- 
rectors thereof shall ascertain as nearly as practicable the amount to 
be raised by special tax for school purposes, and shall prepare one 
certificate thereof for each county in which such district may lie, and 
deliver all of the said certificates to the township treasurer, who re- 
ceives the tax money of such district, who shall return one each of 
such certificates to the county clerk of such county within which such 
district shall lie. On the first Monday of October, or as soon there- 
after as may be practicable, annually, the county clerk of each of 
such counties shall ascertain the total equalized valuation of all the 
taxable property in that part of such district as shall lie in his county, 
and certify the amount thereof to the county clerk of each of the 
other counties in which such district may lie; and from the aggre- 
gate of such equalized valaation and from the certificate of the 
amount so required to be levied, such clerk shall ascertain the rate 
per cent, required to produce in such district the amount of such levy, 
and at that rate shall extend the special tax to be levied for school 
purposes in that part of such district lying in their respective coun- 
ties. [As amended by an act approved June 17, 1891. J 

§ 5. According to the amount certified, as aforesaid, the county 
clerk, when making out the tax books for the collector, shall compute 
each taxable person's tax, in said district, upon the total amount of 
taxable property, as equalized by the State Board of Equalization for 
that year, lying and being in said district, whether belonging to resi- 
dents or non-residents, and also each and every tract of land assessed 
by the assessor, which lies, or the largest part of which lies, in said 
district. The said county clerk shall cause each person's tax, so 
computed, to be set upon the tax book to be delivered to the collector 
for that year, in a separate column, against each taxpayer's name or 
parcel of taxable property, as it appears in said collector's books, to 
be collected in the same manner and at the same time and by the 
same person as State and county taxes are collected. 

§ 6. It shall be the duty of assessors, when making assessments 
of personal property, to designate the number of the school district 
in which such person so assessed resides; which designation shall be 
made by writing the number of such district opposite each person's 
assessment of personal property, in a column provided for that pur- 
pose, in the assessment roll returned by the assessor to the county 
clerk. 

§ 7. It shall be the duty of the county clerk to copy said num- 
bers of school districts, so returned by the assessor, in the collector's 
book and to extend the school tax on each person's assess- 
ment of personal property, according to the rate required by the 



64 

amount designated by the directors of the school district in which 
such person resides. The computations of each person's tax and the 
levy made by the clerk, as aforesaid, shall be final and conclusive: 
Provided, the rate shall be uniform and shall not exceed that re- 
quired by the amount certified by the board of directors. 

§ 8. The county clerk before delivering the tax book to the col- 
lector, shall make out and send by mail, to each township treasurer 
in the county, a certificate of the amount due each district or fraction 
of a district in his township, of said taxes so levied and placed upon 
the tax books. 

§ 9. On or before the first day of April next, after the delivery 
of the tax books containing the computation and levy of the said 
taxes, or so soon thereafter as the township treasurer shall present 
the said certificate of the amount of the said tax, and make a demand 
therefor, the said collector shall pay to said township treasurer the 
full amount of said tax so certified by the county clerk, or in case 
any part thereof remains uncollected, said collector shall, in addition 
to the amount collected, deliver to said township treasurer a state- 
ment of the uncollected taxes for each district of said township, 
taking of the township treasurer his receipt therefor, which receipt 
shall be evidence as well in favor of the collector as against the town- 
ship treasurer. The said treasurer shall enter the amount collected 
in his books under the proper heads and pay the same out as pro- 
vided for by this act. 

§ 10. When a district is composed of parts of two or more town- 
ships, the directors shall determine and inform the collectors of said 
township, and the collector or collectors of the county or counties in 
which said townships lie, in writing, under their hands as directors, 
which of the treasurers of the townships, from which their districl; is 
formed, shall demand and receive the tax money collected by the 
said collectors as aforesaid. 

§ 11. If any collector shall fail to pay the amount of said tax, or 
any part thereof, as required by the provisions of section nine (9) of 
this article, of this act, it shall be competent for the township treas- 
urer, or other authorized person, to proceed against said collector and 
his securities in an action of debt upon his official bond in any court 
of competent jurisdiction. And the said collector so in default shall 
pay 12 per centum upon the amount due, to be assessed as damages, 
which shall be included in the judgment rendered against him: 
Provided, no collector shall be liable for such part of said tax as he 
shall be able to make appear he could not have collected by law, 
until he has collected or may be able to so collect such amount. 

§ 12. It is hereby made the duty of the proper officers in prepar- 
ing blank books and notices for the use of assessors to provide 
columns and blanks for the use of assessors, so that they may desig- 
nate the number of the school district, as provided for in section six 
(6) of this act. 

§ 13. A failure by the directors to file their certificates, or of the 
township treasurer to return the same to the county clerk in the time 



65 

required by this act, shall not vitiate the assessment, but the same 
shall be as legal and valid as if completed in the time required by 
law. 

Article IX. 



BONDS. 



g 5. Judges. 

§ 6. Poll book returned ; penalty for failure 
to return poll book. 

§ 7. Eefunding: school district bonds. 



g 1. Vote necessary to borrow money; limit 
of the sum borrowed. 

? 2. Registry of bonds. 

i 3. Money paid into school treasury of 
township; cancellation of bonds. 

2 4. Election for borrowing money; form of 
notice. 

Section 1. For the purpose of building school houses or pur- 
chasing school sites, or for repairing and improving the same, the 
directors of any school district, when authorized by a majority of all 
the votes cast at an election called for that purpose, may borrow 
money, issuing bonds signed by not less than two members of said 
board of directors, in sums of not less than $100, and bearing 
interest at a rate not exceeding 7 per centum per annum: Provided, 
that the sum borrowed in any one year shall not exceed 5 per 
cent (including existing indebtedness) of the taxable property of the 
district to be ascertained by the last assessment for State and county 
taxes previous to the incurring of such indebtedness. [As amended 
by an act approved April 24 , 1899. J 

§ 2. All bonds authorized to be issued by virtue of the foregoing 
section before being so issued, negotiated and sold, shall be regis- 
tered, numbered and countersigned by the school treasurer of the 
township wherein the school house of such district is, or is to be 
located. Such register shall be made in a "bond register" book to be 
kept for that purpose; and in this register shall first be entered the 
record of the election authorizing the directors to borrow money, and 
then a description of the bonds issued by virtue of such authority as 
to number, date, to whom issued, amount, rate of interest and when 
due. 

§ 3. All moneys borrowed under the authority granted by this 
article of this act, shall be paid into the school treasury of the town- 
ship wherein the bonds issued therefor are required to be registered; 
and, upon receiving such moneys, the treasurer shall deliver the 
bond or bonds. issued therefor to the parties entitled to receive the 
same; and shall credit the funds received to the district issuing the 
bonds. The treasurer of said township shall enter in the said "bond 
register" the exact amount received for each and every bond issued. 
And when any such bonds are paid, the said township treasurer shall 
cancel the same and shall enter in the said "bond register," against 

the record of such bonds, the words "paid and cancelled the 

day of , A. D " filling the blanks with the 

day, month and year corresponding with the date of such payment. 
— 5S. 



66 

§ 4. Whenever it is desired to hold an election for the purpose of 
borrowing money, as provided for in this article of this act, the di- 
rectors of the district in which such election is to be held, shall give 
at least ten days' notice of the holding of such election, by posting 
notices in at least three of the most public places in such district. 
Such notices shall specify the place where such election is to be held, 
the time of opening and closing the polls, and the question or prop- 
osition to be voted upon, which notice may be substantially in the 
following form, viz.: 

NOTICE OF ELECTION. 

Public notice is hereby given that on day of 

A. D an election will be held at school district 

No , in township No , rang^e No of the principal meridian 

in county, Illinois, for the purpose of voting "For" or 

"Aga'nst" the proposition to issue the bonds of said school district No 

to the amount of dollars due (here insert the times 

of payment, giving the amount falling due in each year, if the bonds mature 
at different dates), which bonds are to bear interest at the rate of — per cent 

per annum, payable annually. 

The polls of said election will be opened at — o'clock — M., and will re- 
main open until o'clock — M. 

Dated this day of , A. D. . . . 

A. B., 
C. D., 
E. F., 

Directors. 

§ 5. At such election two of the directors of such district shall 
act as judges and one of said directors shall act as clerk. In case 
either or any of said directors shall fail, from any cause, to be pres- 
ent or to act at such election, at the time of opening the polls thereof, 
the legal voters assembled shall choose, from their number, persons 
to act as such two judges, and a clerk of said election. The said 
judges and the said clerk shall take and subscribe the oath required 
of judges and clerks of an election held for State or county officers, 
and such oath may be administered in the same manner as is or may 
be provided by law for administering the oath to judges and clerks 
at a State or county election. At such election all votes shall be by 
ballot. In districts which have adopted the provisions of "An act 
regulating the holding of elections, and declaring the result thereof 
in cities, villages and incorporated towns in this State " approved 
June 19, 1885, the said election shall be held under the provisions of 
said act, 

§ 6. Within ten days after every such election, the judges shall 
cause the poll-book to be returned to the township treasurer, who is 
required to register such bonds, with a certificate thereon showing 
the result of such election, which poll-book shall be filed and safely 
kept by the said township treasurer, and shall be evidence of such 
election For a failure to return such poll-book to such treasurer 
within the time prescribed, the judges of said election shall severally 
be liable to a penalty of not less than twenty-five (25) dollars nor 
more than one hundred (100) dollars, to be recovered in a suit in the 



67 

name of the People of the State of Illinois, before any justice of the 
peace, and, when collected, shall be added to the township school 
fund of the township in which said treasurer resides. 

§ 7. In all cases where any school district has heretofore issued 
■or may hereafter issue bonds, or other evidences of indebtedness, for 
money on account of any public school building or other public im- 
provement, or for any other purposes which are now binding and 
subsisting legal obligations against said school district, and remain- 
ing outstanding, and which are properly authorized by law, the 
proper authorities of such school district may, upon the surrender 
of any such bonds or other evidences of indebtedness, or any num- 
ber thereof, issue in place or in lieu thereof, or to take up the same, 
to the holders or owners of the same, or to other persons for money 
with which to take up the same, new bonds or other evidences of in- 
debtedness, in such form, for such amount, upon such time, not ex- 
<}eeding the term of twenty years, and drawing such rate of interest 
not exceeding seven per centum per annum, as may be determined 
upon; and such new bonds or other evidences of indebtedness so 
issued shall show, on their face, that they are issued under this act: 
Provided, that the issue of such new bonds in lieu of such indebted- 
ness shall first be authorized by a vote of the legal voters of such 
■school district voting at an election called and conducted as other 
elections provided for by this article of this act: And, provided 
Jurther, that such bonds or other evidences of indebtedness shall not 
be issued so as to increase the aggregate indebtedness of such school 
district beyond five per centum on the value of the taxable property 
therein, to be ascertained by the last assessment for State and county 
taxes prior to the issuing of such bonds or other evidences of indebt- 
edness. [As amended by an act approved April 24, 1899.] 



Article X. 



COUNTY CLERK. 



? 1. To furnish to county superintendent a 
list of trustees elected. 

g 2. To file papers relating to changes in 
district boundaries; penalty for£f ail- 
ing to do so. 

g 3. To furnish certificate of equalized 
value of taxable property in case of 
district in two counties. 

■l L To furnish certificate of equalized 
value of taxable property to any dis- 
trict. 



§ 5. To compute tax; to copy the numbers 
of districts; to extend tax and to 
send certificate of amount due each 
district, etc, 

? 6. To certify to bills of county superin- 
tendents, and to transmit them to 
State Auditor. 

?, 7. To record land sales reported by 
county superintendent. 



Section 1. In all cases where, by any provision of laws, the 
Teturns of any election for school trustees are made to the county 
clerk of any county, it shall be the duty of the county clerk, within 
|en days after such returns have been made to him as aforesaid, to 



68 
■> 
furnish to the county superintendent of schools a list of all such 
trustees so returned to him, and the township from which the sam& 
have been so returned. 

§ 2. Whenever any change shall be made in the boundaries of 
any school district, and a written statement or record of such change- 
shall be delivered to the county clerk of such county, it shall be the 
duty of said county clerk to file such statement or record and all 
papers relating thereto and duly record the same in the records of 
his office; and in case of a neglect or failure so to do the said county 
clerk shall be liable to a penalty of twenty-five (25) dollars, to be- 
recovered by an action of debt before any justice of the peace, at 
the suit of the county superintendent, for the benefit of the school 
fund of the said county. 

§ 8. Whenever any school district lies partly in two or more 
counties, it shall be the duty of the county clerk of each county in 
which any part of such district lies to furnish, upon request, to the 
directors of such district a certificate showing the last ascertained 
equalized value of the taxable property in that part of such district 
lying in such county. 

§ 4. It shall be the duty of the county clerk to furnish to the di- 
rectors of any school district, or to the board of education in dis- 
tricts having a board of education, upon request, a certificate show- 
ing the last ascertained equalized value of the taxable property of 
such district, as the same appears of record in his office. 

§ 5. It shall be the duty of the county clerk, when making out 
the tax books for the collector, to compute each taxable person's tax 
in each school district, upon the total amount of taxable property, as 
equalized by the State Board of Equalization for that year, lying- 
and being in such district, whether belonging to residents or non- 
residents, and also each and every tract of land assessed by the as- 
sessor which lies, or the largest part of which lies, in such district. 
Such computation shall be made so as to realize the amount of 
money required to be raised in such district, as shown and set forth 
in the certificate of tax levy, made out by the directors of such dis- 
trict, and filed with the township treasurer, as required by the pro- 
visions of this act. The said county clerk shall cause each person's 
tax, so computed, to be set upon the tax book to be delivered to the 
collector for that year, in a separate column against each tax payer's 
name, or parcel of taxable property, as it appears in said collector's 
books, to be collected in the same manner, and at the same time, and 
by the same person, as State and county taxes are collected. In 
making up the tax books to be delivered to the collectors of taxes, 
the county clerk shall copy into such tax books the number of the 
school district set opposite to each person's assessment of personal 
property, by the assessor making the assessment of such person, and 
to extend the school tax on each person's assessment of personal 
property, according to the rate required by the amount designated 
by the directors of the school district in which such person resides, 
as shown by said certificate of tax levy. The computation of each 
person's tax and the levy made by the clerk, as aforesaid, shall ba^ 



69 

final and conclusive: Provided, that the rate shall be uniform, and 
shall not exceed that required by the amount certified by the board 
of directors. The said county clerk, before delivering the tax book 
to the collector, shall make out and send by mail to each township 
treasurer of the county a certificate of the amount due each district 
or fraction of a district, in his township, of said tax so levied and 
placed upon the tax books. 

§ 6, Whenever the county board of any county shall have audited 
the itemized bills of the county superintendents of schools or their 
assistants, as required by the provisions of this act, it shall be the 
duty of the county clerk of such county to certify to such act, and 
transmit the said bills to the Auditor of Public Accounts, who shall, 
upon the receipt of them, remit, in payment thereof to each superin- 
tendent, his warrant upon the State Treasurer for the amount certi- 
fied to be due him; and the Auditor, in making his warrant to any 
<50unty for the amount due from the State school fund, shall deduct 
from it the several amounts for which warrants have been issued to 
the county superintendent of said county since the next preceding 
apportionment of the State school fund. 

§ 7. The county clerk of each county shall preserve and record in 
a well-bound book to be kept for that purpose, the report of the 
county superintendent, made to the county board at the first regular 
term of such board in each year, relating to the sale of school lands, 
the amount of money received, paid, loaned out and on hand, be- 
longing to each township fund in his control, and the statement 
copied from the loan book of such county superintendent, showing 
all the facts in regard to loans, which are required to be stated on the 
loan book. 



Article XI. 

COUNTY BOARD. 

g 1. Powers of the county board defined. [ I 3. Statement of land sales by the coun 

I boSird 

? 2, Duties of the county board defined. I 

Section 1. The county board of each county of this State shall 
have power — 

First — To approve the bond of the county superintendent of 
schools. 

Second — To increase the penalty of the bond of the county super- 
intendent of schools beyond twelve thousand (12,000) dollars if, in 
the discretion of said county board, such bond should be so in- 
creased. 

Third — To remove the county superintendent of schools from of- 
fice for any palpable violation of law or omission of duty. 

Fourth — To require the county superintendent of schools, after 
notice given, to execute a new bond, conditioned and approved as the 



70 

first bond, whenever in the discretion of the county board such new 
bond is necessary: Provided, however, that the execution of such 
new bond shall not aJBPect the old bond or the liability of the security 
thereof. 

Fifth — To require the county superintendent of schools to make 
the reports of such board provided for by law, and to remove him 
from office in case of neglect or refusal so to do. 

Sixth — In counties having not more than one hundred (100) 
schools, the board may limit the time of the superintendent of 
schools: Provided, that in the counties having not more than fifty 
(50) schools the limit of time shall not be less than one hundred and 
fifty (150) days a year; in counties having from fifty-one (51) to 
seventy-five (75) schools, not less than two hundred (200) days a 
year; and in counties having from seventy-six (76) to one hundred 
(100) schools, not less than two hundred and fifty (250) days. 

Seventh — Said county board shall authorize the county superin- 
tendent of schools to employ such assistants as he needs for the full 
discharge of his duties, and said county board shall fix the compen- 
sation to be paid therefor, which compensation shall be paid out of 
the county treasury. 

§ 2. It shall be the duty of the county board of each county of 
this State — 

First — To provide for the county superintendent of schools a suit- 
able office with necessary furniture and office supplies, as is done in 
the case of other county officers. 

Second— l^hen the office of county superintendent of schools shall 
become vacant by death, resignation, removal or otherwise, to fill the 
same by appointment. And the person so appointed shall hold his 
office until the next election of county officers, at which election the 
said board shall order the election of a successor. 

Third — To examine and approve or reject the report of the county 
superintendent of schools made to such board, and the notes and se- 
curities taken by such superintendent for school funds. 

Fourth — At the regular meeting in September, and as near quar- 
terly thereafter as such board may have regular or special meetings, 
to audit the itemized bills of the county superintendent, and of his 
assistants, for their per diem compensation and expenses allowed by 
law for visiting schools. 

§ 3. At the first regular term of the county board, in each year, 
the county superintendent shall present to the county board of his 
county — 

First — A statement showing the sales of school lands made subse- 
quent to the first regular term of the previous year, which shall be a. 
true copy of the sale book (book B^ , 

Second — Statements of the amount of money received, paid, loaned 
out and in hand, belonging to each township or fund under his con- 
trol, the statement of each fund to be separate. 



71 

Third — Statements copied from his loan book (book C) , showing 
all the facts in regard to loans which are required to be stated on the 
loan book. 

All of which the county board shall thereupon examine and com- 
pare with the vouchers, and the said county board, or so many of 
them as may be present at the meeting of the board, shall be liable 
individually to the fund injured and to the securities of the county 
superintendent, in case judgment be recovered of the said securities, 
for all damages occasioned by a neglect of the duties, or any of them, 
required of said board by this section: Provided, nothing herein 
contained shall be construed to exempt the securities, of said county 
superintendent from any liability as such securities, but they shall 
still be liable to the fund injured the same as if the members of the 
county board were not liable to them for neglect of their duty. 



Article XII. 



SCHOOL FUND. 



? 1. To consist of a two-mill tax: interest 
of school fund proper and of surplus 
revenue. 

§ 2. State to pay interest. 

§ 3. Dividend to counties made by State 
Auditor. 

§ 4. Warrants issued by the State Auditor, 
and received from the collectors by 
State Treasurer. 

2 5. County superintendent to proceed 
against collector on his refusal to 
pay. 



§ 6. Proceeds of the sale of sixteenth sec- 
tion, etc.. constitute principal of 
township fund, etc.: interest distrib- 
uted. 

§ 7. Moneys paid out upon orders. 

g 8. Form of orders; filing of orders. 

g 9. Union districts : receipts to be taken. 

§ 10. Loans in districts under a special 
charter. 



Section 1. The common school fund of this State shall consist 
of the proceeds of a two-mill tax to be levied upon each dollar's val- 
uation of the property in the State, annually, until otherwise pro- 
vided by law; the interest on what is known as the school fund proper, 
being three per cent upon the proceeds of the sales of the public 
lands in the State, one-sixth part excepted, and the interest on what 
is known as the surplus revenue, distributed by act of congress and 
made a part of the common school fund by act of the Legislature, 
March 4, 1837., 

§ 2. The State shall pay the interest mentioned in the preceding 
section at the rate of six per cent per annum, annually, to be paid 
into, and become a part of, said school fund, 

§ 8. On the first Monday in January in each and every year next 
after taking the census of the State, by federal or State authority, 
the Auditor of Public Accounts shall ascertain the number of children 
in each county in the State, under twenty-one years of age, and shall 
thereupon make a dividend to each county of the sum from the tax 
levied and collected under the provisions of the first section of this 
article of this act, and of the interest due on the school fund proper 



72 

and surplus revenue, in proportion to the number of children in each 
county under the age aforesaid, and issue his warrants to the super- 
intendent of schools of each county upon the collector thereof. 
Upon presentation of said warrant by the county superintendent to 
the collector of his county, said collector or the treasurer shall pay 
over to the county superintendent the amount of said warrant out of 
the first funds which may be collected by him and not otherwise ap- 
propriated by law, taking said superintendent's receipt therefor. 

§ 4. The said warrants issued by the Auditor of Public Accounts 
for the school fund tax, and for the interest of the school fund proper 
and surplus revenue, shall be received by the State Treasurer in pay- 
ment of amounts due the State from county collectors; and on pre- 
sentation by the State Treasurer of said warrants to said Auditor, he 
shall issue his warrant to said treasurer on the school fund, for the 
amount of the school fund tax warrants, and on the revenue fund for 
the amount of the warrants for interest on the school fund proper 
and surplus revenue. Dividends shall be made as aforesaid, accord- 
ing to the proportions ascertained to be due to each county annually, 
thereafter, until another census shall have been taken, and then 
dividends shall be made and continued as aforesaid, according to the 
last census. 

§ 5. If any collector shall fail or refuse to pay the amount of the 
aforesaid Auditor's warrant, or any part thereof, by the first day of 
March, annually, or as soon thereafter as it may be presented, it shall 
be competent for the county superintendent to proceed against said 
collector and his securities in an action for debt, in any court having 
competent jurisdiction, and the said collector shall pay interest at 
the rate of twelve per centum per annum, to be assessed as damages 
upon the amount due, and which interest shall be included in the 
judgment obtained against him: Provided, that if it satisfactorily 
appears to the court that on said first day of March, or on the day of 
presentation for payment thereafter, that said collector had not, as 
yet, collected funds sufiicient to pay said warrant, said interest stall 
not be allowed upon said warrant. 

§ 6. All bonds, notes, mortgages, moneys and effects which have 
heretofore accrued or may hereafter accrue from the sale of the six- 
teenth section of the common school lands of any township or county, 
or from the sale of any real estate or other property taken on any 
judgment or for any debt due to the principal of any township or 
county fund, and all other funds of every description which have 
been or may hereafter be carried to and made part of the principal 
of any township or county fund, by any law which has heretofore 
been, is now or may hereafter be enacted, are hereby declared to be 
and shall forever constitute the principal of the township or county 
fund, respectively; and no part thereof shall ever be distributed or 
expended for any purpose whatever, but the same shall be loaned out 
and held to use, rent or profit, as provided by law. But the interest, 
rents, issues and profits, arising and accruing from the principal of 
said township or county fund, shall be distributed in the manner and 
at the times as provided by this act; nor shall any part of such inter- 
est, rents, issues and profits be carried to the principal of the respect- 



73 

ive funds, except it appear on the first Monday in October in any 
year, that there is rent, interest or other funds on hand which are 
not required for distribution, such amount not required, as aforesaid, 
may, if the board of trustees see proper, forever be considered as 
principal in the funds to which it belongs, and loaned as such. 

§ 7. School funds collected from special taxes, levied by order of 
school directors, or from the sale of property belonging to any dis- 
trict, shall be paid out only on the order of the proper board of 
directors; and all other moneys or school funds liable to distribu- 
tion, paid into the township treasury, or coming into the hands of 
the township treasurer, shall, after said funds have been apportioned 
by the township trustees, as required in section 26 of article III of 
this act, be paid out only on the order of the proper board of directors, 
signed by the president and clerk of said board, or by a majority of 
said board. For all payments made, receipts shall be taken and 
filed by said board of directors. 

.§8. In all such orders shall be stated the purpose for which or 
on what account drawn. Said orders may be in the following form, 
viz.: 

The treasurer of township No range No in county, 

will pay to or order dollars and cents (on his con- 
tract for repairing school house, or whatever the case may be.) 

By order of the board of directors of school district No in said town- 
ship. 

A. B. President. 
C. D. Cleric. 

Which order, together with the receipt of the person to whom paid, 
shall be filed in the office of the township treasurer: Provided, that 
when an order is paid in full, such order, if properly endorsed by the 
person in whose favor it was drawn, and his assigns, if any, shall be 
a sufficient receipt for the purposes of this section. 

§ 9. When a district is composed of parts of two or more town- 
ships, the township treasurer or treasurers who do not receive the tax 
money of said district, shall, when they hold any funds belonging to 
said district, notify the directors thereof of the amount of such funds, 
and the directors shall thereupon give the treasurer who receives the 
tax money of said district an order for such funds, and upon receipt 
thereof he shall hold them, to be paid out as aforesaid. 

§ 10. In all cases where school funds are held by any person or 
persons in an official capacity, by virtue of any special charter de- 
fining the manner of loaning the same, such moneys may be loaned 
upon the same terms and conditions as are provided by this act, or 
may hereafter be provided, by the school laws of this State, for loan- 
ing the school funds of counties or townships, 



74 



Aeticle XIII. 



SCHOOL LANDS. 



1. Section sixteen. 



? 2. Business relating to school lands; 
where transacted. 

g 3. Renting and sale of school lands. 

§ 4. Right of way and depot grounds for 
use of railroads. 

§ 5. Trespass on school land; penalty. 

g 6. Trespasser liable to indictment. 

? 7. Penalties and fines to be paid to town- 
ship treasurer. 

§ 8. Petition for sale. 

§ 9. Fractional township. 

g 10. Divided into lots by trustees. 

§ 11. Making of a plat. 

§ 12. Size of lots, roads and streets. 

? 13. Valuation of plats and certificate given 
to county superintendent. 

g 14. Advertising the sale; form of notice. 



g 15. Place of sale. 

g 16. Termsof sale; amount of bid borrowed, 

g 17. Manner of sale. 

g 18. Payment; land resold; suit instituted . 

§ 19. Unsold land afterwards subject to sale. 

g 20. Re-valuation of unsold land; no peti- 
tion required. 

g 21. Certificate of purchase. 

g 22. Statement of sales by county superin- 
tendent. 

g 23. Transcript sent to Auditor. 

g 24, Patents; certificates of sale; evidence 
of sale. 

g 25. Duplicates of certificates of purchase, 

g 26. Real estate taken for debt, sold by 
county superintendent. 

g 27. Trustees may dedicate lands for 
streets. 



Section 1. Section number sixteen (16) in every township 
granted to the State by the United States for the use of schools, and 
such sections and parts of section as have been or may be granted, as 
aforesaid, in lieu of all or part of section number sixteen (16), and 
also the lands which have been or may be selected and granted as 
aforesaid, for the use of schools, to the inhabitants of fractional 
townships in which there is no section number sixteen (16), or 
where such section shall not contain the proper proportion for the use 
of schools in such fractional townships, shall be held as common 
school lands; and the provisions of this act referring to common 
school lands shall be deemed to apply to the lands aforesaid. 

§ 2. All the business of such townships, so far as relates to com- 
mon school lands, shall be transacted in that county which contains 
all or a greater portion of said lands. 

§ 3, It shall be lawful for the trustees of schools in townships in 
which section number sixteen (16) , or any other lands granted in 
lieu thereof, remain unsold or which has title to any other school 
lands whatsoever, to rent or lease the same for an annual rent to be 
paid in money to the treasurer, by a written contract made by the 
president and clerk, under the direction of the board, with the lessee 
or lessees, which contract shall be filed with the records of the board, 
and a copy of the same transmitted to the county superintendent. 
In case of any default in the payment of the rent, the said board of 
trustees shall at once proceed to collect the same by distress, or 
otherwise, as may be provided by law for the collection of rents by 
landlords. No lease taken under the provisions of this act, shall be^ 



75 

for a longer period than five years, except where such lands are 
leased for the purpose of having permanent improvements made 
thereon, as may be the case in cities and villages: Provided, that 
the provisions of this section shall not apply to cities having a popu- 
lation of over one hundred thousand (100,000) inhabitants. 

§ 4. The trustees of schools of any township concerned, are 
hereby authorized and empowered in their corporate capacity, to sell 
and convey to any railroad company which may construct a railroad 
across any of the public school lands of such township, the right of 
way and necessary depot grounds. All moneys received by such 
trustees for any right of way or depot grounds so sold, shall be 
turned over by such trustees to the township treasurer of the town- 
ship for the benefit of the township school fund. 

§ 5. If any person shall, without being duly authorized, cut, felb 
box, bore, destroy or carry away any tree, sapling or log standing or 
being upon any school lands, such person shall forfeit and pay, for 
every tree, sapling or log so felled, boxed, bored, destroyed or carried 
away, the sum of eight (8) dollars, which penalty shall be recovered 
with costs of suit, by an action of debt or assumpsit, before any jus- 
tice of the peace having jurisdiction of the amount claimed, or in 
the county or circuit court, either in the corporate name of the board 
of trustees of the township to which the land belongs, or by qui tarn 
action in the name of any person who will first sue for the same, one- 
half of the judgment for the use of the person suing and the other 
half for the use of the township aforesaid. When two or more per- 
sons shall be concerned in the same trespass, they shall be jointly 
and severally liable for the penalty herein imposed. 

§ 6. Every trespasser upon common school lands shall be liable 
to indictment, and upon conviction, shall be fined three times the 
amount of the injury occasioned by said trespass, and shall stand 
committed as in other cases of misdemeanor. 

§ 7. All penalties and fines collected under the provisions of the 
foregoing sections shall be paid to the township treasurer, and be 
added to the principal of the township fund. 

§ 8. When the inhabitants of any township or fractional town- 
ship shall desire the sale of the common school lands of a township- 
or fractional township, they shall present a petition to the county 
superintendent of the county in which the school lands of the town- 
ship, or the greater part thereof, lie, for the sale thereof; which peti- 
tion shall be signed by at least two-thirds of the legal voters of the 
township, or fractional township. The signing of the petition must 
be done in the presence of at least two adult citizens of the township,, 
after the true meaning and purpose thereof has been explained; and 
when signed an affidavit must be affixed thereto by the two citizens 
witnessing the signing, in the manner aforesaid, which affidavit shall 
state the number of inhabitants in the township, or fractional town- 
ship, of, and over, twenty-one years of age; and said petition, so 
proved, shall be delivered to the county superintendent for his action 
thereon: Provided, that in townships having a population of more 
than ten thousand inhabitants, such petition shall be signed by at 



76 

least one-tenth of the legal voters of the township, or fractional town- 
ship, and not two- thirds thereof, and that such petition shall be 
delivered to the county superintendent at least fifteen days preced- 
ing the regular election of trustees, or the date of a special election 
which may be called for such purpose; and thereupon it shall be the 
duty of said county superintendent to notify the voters of such town- 
ship that an election for or against the proposition to sell common 
school lands of the township, or a portion thereof, will be held at the 
next regular election of trustees, or at a special election called for 
that purpose, by posting notices of such election in at least ten of 
the most public places throughout such township, for at least ten 
days before the date of such regular or special election, which notice 
may be in the following form, to-wit: 

Election for sale of common school lands. Notice is hereby given that on 

, the day of , A. D. , , an election 

will be held at for the purpose of voting "'For" or 

^'Against" the proposition to sell common school lands of the township, 
to-wit: (here insert description of said lands.) The polls of said election 

will be open at and close at o'clock of said day. 

A. B., County Superintendent. 

The ballots of such election shall be received and canvassed as in 
other elections provided for in this act, and returns of the result 
thereof made to the county superintendent, and if it shall appear 
that two-thirds of the vote upon such proposition shall have been 
cast in favor of the sale of said lands, then the said county superin- 
tendent shall act thereon: And, provided, no whole section shall be 
sold in any township containing less than two hundred inhabitants; 
and common school lands in fractional townships may be sold when 
the number of inhabitants and the number of acres are in a ratio of 
two hundred to six hundred and forty, but not before. [As amended 
by act approved May 10, 1901.] 

§ 9. Any fractional township not having the requisite number of 
inhabitants to petition for the sale of the school lands therein, as 
provided in section 8 of this article of this act, which has not here- 
tofore been united with any other township, for school purposes, and 
which does not contain a sufficient number of inhabitants to main- 
tain a free school, is hereby attached to the adjacent congressional 
township having the longest territorial line bordering on such frac- 
tional township, for school purposes; and ail the provisions of this 
act shall apply to such united townships, the same as though they 
were one and the same township. 

§ 10. When the petition and affidavits are delivered to the county 
superintendent, as aforesaid, he shall notify the trustees of said 
township thereof, and said trustees shall immediately proceed to di- 
vide the land into tracts or lots, of such form and quantity as will 
produce the largest amount of money. 

§ 11. After making the division required by the foregoing sec- 
tion, said trustees shall cause a correct plat of the same to be made, 
representing all divisions, with each lot numbered and defined, so 
that its boundaries may be forever ascertained. 



77 

§ 12. In subdividing said common school lands for sale, no lot 
shall contain more than 80 acrOiS, and the division may be made into 
town or village lots, with roads, streets or alleys between them and 
through the same; and all such divisions, with all similar divisions 
hereafter made, are hereby declared legal, and all such roads, streets 
and alleys, public highways. 

§ 13. After such division into lots has been made and platted^ 
the trustees of schools shall fix a value on each lot, having regard 
to the terms of sale, certify to the correctness of the plat, stating the 
value of each lot per acre, or per lot if less than one acre, and re- 
ferring to and describing the lot in the certificate, so as fully and 
clearly to distinguish, and identify each lot; which plats and certifi- 
cate shall be delivered to the county superintendent, and shall gov- 
ern him in advertising and selling such lands. 

§ 14. Upon the reception by the county superintendent of the- 
plat and certificate of valuation from the trustees, he shall proceed 
to advertise the said land for sale in lots, as divided and laid off by 
said trustees, by posting notices thereof in at least six (6) public 
places in the county, forty days before the day of sale, describing 
the land and stating the time, place and terms of sale; and if any 
newspaper is published in said county, said advertisement shall be 
printed therein for four weeks before the day of sale; if no newspaper 
is published in said county, then such land may be sold under the 
notice aforesaid, which notice may be in the following form, viz.: 

SALE OF SCHOOL LAND. 

Public notice is hereby sfiven that on the day of 

A. D., 18 , between the hours of 10 o'clock a. m. and 6 o'clock p. m., the 

undersigned superintendent of schools of county, will sell 

at public vendue to the highest bidder, at the .door of the court 

house in (or on the premises) the following described real 

estate, the same being a part of the school lands of township No. , range 

No , as divided and platted by the trustees of schools of said township, 

to-wit: (Here insert full and complete description of said premises.) Said 
lands will be sold for cash in hand, with the privilege to any purchaser of 
borrowing from the undersigned, the whole or any part of the amount of his 
bid, for not less than one nor more than five years, upon his paying interest 
and giving security, as required in case of a loan obtained from the township 
school fund. 

Dated this dav of A. D 



County Superintendent, 

County. 

§ 15. The place of selling common school lands shall be at the 
court house of the county in which the lands are situated; or the 
trustees of schools may direct the sale to be made on the premises. 

§ 16. The terms of selling common school lands shall be to the 
highest bidder for cash, with the privilege to each purchaser of bor- 
rowing from the county superintendent the amount or any part of 
the amount of his bid, for any period of not less than one year nor 
more than five years, upon his paying interest and giving security, 
as in case of money loaned by a township treasurer as provided in 
this act. 



78 

§ 17. Upon the day appointed for such sale, the county superin- 
tendent shall proceed to make sales as follows, viz.: He shall begin 
at the lowest numbered lot and proceed regularly to the highest num- 
bered, till all are sold or offered. No lot shall be sold for less than 
its valuation by the trustees. Said sale shall be made between the 
hours of 10 o'clock a. m. and 6 o'clock p. m., and may continue from 
day to day. The lots shall be cried separately, and each lot cried 
long enough to enable any person present to bid who desires to bid. 

§ 38. Upon closing the sales each day, the purchasers shall each 
pay, or secure the payment of the purchase money, according to the 
terms of sale; or in case of his failure to do so by 10 o'clock the 
succeeding day, the lot purchased shall again be offered at public sale, 
on the same terms as before, and if the valuation or more shall be 
bid, shall be stricken off; but if the valuation be not bid, the lot shall 
be set down as not sold. If the sale is or is not made, the former 
purchaser shall be required to pay the difference between his bid and 
the valuation of the lot, and in case of his failure to make such pay- 
ment, the county superintendent may forthwith institute an action 
of debt or assumpsit in his name, as superintendent, for the use of 
the inhabitants of the township where the land lies, for the required 
sum; and upon making proof, shall be entitled to judgment, with 
costs of suit; which, when collected, shall be added to the principal 
of the township fund. If the sum claimed does not exceed two hun- 
dred dollars, the suit may be commenced before a justice of the peace; 
if the sum demanded exceeds two hundred dollars, then suit may be 
brought in the circuit court of any county wherein the party may be 
found. 

§ 19. All lands not sold at public sale, as herein provided for, 
shall be subject to sale at any time thereafter, at the valuation; and 
the county superintendents are authorized and required, when in 
their power, to sell all such lands at private sale, upon the terms at 
which they were offered at public sale. 

§ 20. In all cases where common school lands have been hereto- 
fore valued, and have remained unsold for two years, after having 
been offered for sale, or shall hereafter remain unsold for that length 
of time, after being valued and offered for sale, in conformity to this 
act, the trustees of schools where such lands are situated may vacate 
the valuation thereof by an order to be entered in book A of the 
county superintendent, and cause a new valuation to be made, if, in 
their opinion, the interests of the township will be promoted thereby. 
They shall make said second valuation in the same manner as the 
first was made, and shall deliver to the county superintendent a plat 
of such second valuation, with the order of vacation, to be entered, 
as aforesaid; whereupon, said county superintendent shall proceed to 
sell said lands in all respects, as if no former valuation had been 
made: Provided, that the second valuation may be made by the 
trustees of schools, without petition, as provided in this act for the 
first valuation. 

§ 21. Upon the completion of every sale by the purchaser, the 
county superintendent shall enter the same in book B, and shall de- 
liver "to the purchaser a certificate of purchase, stating therein the 



79 

name and residence of the purchaser, describing the land and the 
price paid therefor, which certificate shall be evidence of the facts 
therein stated. 

§ 22. At the first regular term of the county board in each year, 
the county superintendent shall present to the county board of his 
county a statement showing the sales of school lands made subse- 
quent to the first regular term of the previous year, which shall be a 
true copy of the sale book (book B) . 

§ 23. The county superintendent shall, also, at the time afore- 
said, transmit to the Auditor of Public Accounts, a full and exact 
transcript from book B of all the sales made subsequent to each re- 
port. The statement required to be presented to the county board 
shall be preserved and copied by the clerk of said board into a well- 
bound book kept for that purpose; and the list transmitted to the 
Auditor shall be filed, copied and preserved in like manner. 

§ 24. Every purchaser of common school lands shall be entitled 
to a patent from the State, conveying and assuring the title. Patents 
shall be made out by the Auditor, from returns made to him by the 
county superintendent. They shall contain a description of the land 
granted, and shall be in the name of and signed by the Governor, 
countersigned by the Auditor, with the great seal of the State 
affixed thereto by the Secretary of State, and shall operate to vest in 
the purchaser a perfect title in fee simple. When patents are 
executed as herein required, the Auditor shall note on the list of 
sales the date of each patent, in such manner as to perpetuate the 
evidence of its date and delivery, and thereupon transmit the same 
to the county superintendent of the proper county, to be by him de- 
livered to the patentee, his heirs or assigns, upon the return of the 
original certificate of purchase, which certificate, when returned, 
shall be filed and preserved by the county superintendent; and all 
such patents, heretofore or hereafter so issued, by the State for 
school lands, or duly certified copies thereof from any record legally 
made, shall, after the lapse of ten years from the date of such patent, 
and such sale having been acquiesced in for ten years by the inhab- 
itants of the township in which the land so conveyed may be sit- 
uated, be conclusive evidence as to the legality of the sale, and that 
the title to such land was, at the date of the patent, legally vested in 
the patentee. 

§ 25. Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of purchase 
and patents, upon filing affidavit with the county superintendent in 
respect to certificates, and with the Auditor in respect to patents, 
proving the loss or destruction of the originals; and such copies 
shall have the force and effect of originals. 

§ 26. When any real estate shall have been taken for any debts 
due to any school fund, the title to which real estate has become 
vested in any county superintendent for the use of the inhabitants of 
one or more townships, or of the county, the county superintendent 
may lease or sell such real estate for the benefit of such township or 
townships, or of the county, as provided in section 37 of article III 



80 

of this act, regulating the leasing and sales of lands by school trus- 
tees: Provided, that in case the real estate be held for the benefit of 
any township or townships, it shall not be sold except upon the 
written request of the school trustees of said township or townships. 
The said county superintendent is hereby authorized to execute con- 
veyances of such real estate to the purchasers when so sold. 

§ 27. The trustees of schools in any township are hereby author- 
ized and empowered, in their corporate capacity, to lay out and 
dedicate to the public use, for street and highway purposes, so much 
of the common school lands, which is unimproved or unoccupied 
with buildings, as may be necessary to open or extend any street or 
highway which may be ordered opened or extended by the municipal 
authorities, which are by law empowered to open or extend streets or 
highways in the territory where said school lands are located: Pro- 
vided, that said trustees of schools shall be of the opinion that the 
benefits to accrue from the opening or extending of said street or 
highway, to the remainder of said common school lands will com- 
pensate for the strip so dedicated: And, provided further, that it 
shall not be lawful for any street or other railroad to lay down rail- 
road tracks on any strip of the common school lands so dedicated, or 
use the same or any part of the common school lands for railroad or 
street railroad purposes, except upon the purchase or lease of the 
same from the proper authorities, or upon the payment to the school 
fund of said township of the value of such use or land taken, the 
same as if no street or highway had been laid out thereon, to be de- 
termined by proceedings under an act entitled, "An act to provide 
for the exercise of the right of eminent domain," approved April 10, 
1872, and all amendments thereto. And, provided, further, that this, 
section shall not in any way affect existing leases or contracts for the 
lease or purchase of common school lands. 



Article XIV. 



PINES AND FORFEITURES. 
? 1. Paid to county superintendent, 
g 2. Duties of state's attorneys. 
g 3. Duties of justices of the peace. 



§ 5. Penalty for failure to pay over fines 
collected. 



§ 6. Power of the county court to examine 
records of delinquent of&cers; pen- 
alty for failure to furnish papers, etc 



g 4. Report of fines; affidavit; penalty for 
failure to report. 

Section 1. All fines, penalties and forfeitures imposed or incurred 
in any of the courts of record, or before any justice of the peace of 
this State, except fines, forfeitures and penalties incurred or imposed 
in incorporated towns or cities for the violation of the by-laws or 
ordinances thereof, shall, when collected, be paid to the county 
superintendent of schools of the county wherein such fines, penal- 
ties or forfeitures have been imposed or incurred, and the said 
county superintendent of schools shall give his receipt therefor to 
the person from whom such fine, forfeiture or penalty was received. 



8.1 

The said county superintendent shall annually distribute such fines, 
penalties or forfeitures in the same manner as the common school 
funds of the State are distributed. 

§ 2, It shall be the duty of the State's attorneys of the several 
counties to enforce the collection of all fines, forfeitures and penalties 
imposed or incurred in the courts of record of their respective coun- 
ties, and to pay the same over to the county superintendent of the 
county wherein the same have been imposed or incurred, retaining 
therefrom the fees and commissions allowed them by law. 

§ 3. It shall be the duty of the justices of the peace to enforce the 
collection of all fines imposed by them by any lawful means; and 
when collected the same shall be paid by the justice collecting the 
same to the county superintendent of the county in which the same 
was imposed. 

§ 4. Clerks of courts of record, State's attorneys and all justices 
of the peace shall report, under oath to the county court of their 
respective counties, by the first of March annually, the amount of 
such fines, penalties and forfeitures imposed or incurred in their 
respective courts, and the amount of such fines, forfeitures and pen- 
alties collected by them, giving each item separately, and if any such 
ofl&cer has collected no such fines, penalties or forfeitures, he shall 
make affidavit to such fact, and file the same with the county super- 
intendent. The judges of the county court shall inspect the said 
reports, and may hear evidence thereon, and, if found correct and 
truthful, shall enter an order approving such report, and that any 
moneys in the hands of such officers so reporting shall be paid over 
to the superintendent of schools. If the court shall not approve of 
such report, he may order a new one to be made, and upon a failure 
to comply with the order of the court, or to make a satisfactory re- 
port, the court may state an account and enter an order to pay over 
as above provided. The court, for all purposes for carrying out the 
provisions of this section, shall have power to examine books and 
papers as provided hereinafter in section 6 of this article, and shall 
have power to issue subpoenas for both books and persons: Pro- 
vided, that no report shall be approved until the court shall have 
given the superintendent five (5) days' notice of the same, and he 
shall be allowed to inspect said report, and he shall be heard by the 
court upon the same if he desire; and the officers charged with the 
collection thereof, the said clerks, State's attorneys and justices of 
the peace, for a failure to make such a report, shall be liable to a fine 
of twenty- five (25) dollars for each offense, said fine to be recoveied 
in a civil action, before any court, at the suit of the county superin- 
tendent of schools of the proper county. 

§ 5. For a failure to pay any fine, forfeiture or penalty, on de- 
mand, to the person who is by law authorized to receive the same, 
the officer or person having collected the same, or having the same 
in his possession or control, shall forfeit and pay double the amount 
of such fine, penalty or forfeiture as aforesaid to be recovered be- 

—6 S. 



82 

fore any court having jurisdiction thereof, in a qui tarn action, one- 
half to be paid to the informer, and one-half to the school fund of 
the proper county. 

§ 6. In case that any clerk of a court of record, State's attorney 
or justice of the peace shall fail to make the report provided for in 
section 4 of this article, the county court shall have power, and it is 
hereby made the duty of the judge of said court, to examine all 
records pertaining to the office of such delinquent officer and enforce 
the payment of whatever sum may be found due the school fund 
from such delinquent officer. For the purpose of making such ex- 
amination, the said county court shall have the right to call for any 
paper or papers, docket, fee- book or other record belonging to the 
office of such delinquent officer, and in case such delinquent officer 
fails or refuses to furnish such paper, docket, fee-book or other rec- 
ord for the inspection or use of such county court, he shall forfeit 
and pay to the school fund the sum of one hundred (100) dollars to 
be recovered in an action of debt or assumpsit, before any court of 
this State having jurisdiction of the actions of debt and assumpsit, 
and such penalty, when collected, shall be paid into the school fund 
of the proper county. 



Article XV. 



LIABILITY OF SCHOOL OFFICERS. 



I 1. Of trustees for failure to take action 
regarding the insufficiency of town- 
ship securities. 

§ 2. Of judges of election for failure to de- 
liver poll-book and certificates. 

§ 3. Of boards of directors for failure to 
deliver schedules. 

g 4. Of township tr'^asurer for failure to 
perform his duties. 

g 5. Of the bondsmen or legal representa- 
tives of township treasurer to turn 
over bonds, etc., to successor. 

g 6. Liable to indictment and imprison- 
ment for conversion of funds. 

I 7. Trustees liable for securities of town- 
ship treasurer; exception. 

Section 1. Whenever the county superintendent of schools of 
any county shall notify the board of trustees of any township, in 
writing, that the notes, bonds, mortgages, or other evidences of in- 
debtedness which have been taken officially by the township treasur- 
er, are not in proper form, or that the securities which the said town- 
ship treasurer has taken are insufficient, it shall be the duty of the 
said board of trustees at once to take such action as may be neces- 
sary to save and protect the property or fund of the districts and the 
township; and for a failure or refusal to take such action within 



I 8, Real estate of school officers holden. 

I 9. Failure of trustees to make returns of 
children. 

§ 10. Failure of school officers to furnish 
statistics. 

I 11. School officers responsible for loss of 
funds . 

§ 12, Forbidden to pervert funds to secta- 
rian purposes. 

I 13. Interest in sale of school books, etc., 
forbidden. 

g 14. Penalty for excluding colored children 
from school. 



twenty days after such notice, the members of the board, each in his 
individual capacity, shall be liable to a fine of not less than twenty. 
five (25) nor more than one hundred (100) dollars to be recovered 
"before any justice of the peace, on information, in the name of the peo- 
ple of the State of Illinois (provided such insufficiency is proven), and, 
-when collected, the said fine shall be paid to the county superintendent 
■of the proper county, for the use of schools. And the payment of this 
fine shall not relieve the board of trustees from any civil liability 
-they may have incurred from such neglect of duty. 

§ 2. If the judges of any school election called for any legal purpose 
shall fail or neglect to deliver a copy of the poll-book of any such 
•election, with a certificate thereon showing the result of such election, 
to the officer provided by law to whom such return shall be made, 
within ten days after such election shall have been held, the said 
judges of election shall be severally liable to a penalty of not less 
than twenty-five (25) dollars nor more than one hundred (100) dol- 
lars to be recovered in the name of the People of the State of Illi- 
nois, by an action of debt before any justice of the peace of the county; 
which penalty, when collected, shall be paid into the school fund of 
the township in which such election was held. 

§ 3. It shall be the duty of the board of directors of every school 
district in this State, to deliver to the township treasurer all teachers' 
schedules made and certified as required by law, and covering all 
time taught during the school year ending June 30th, on or before 
the seventh day of July, annually ; and the directors shall be personally 
liable to the district for any and all loss sustained by it through their 
failure to examine and deliver to the said township treasurer all such 
schedules within the said time. 

§ 4. For any failure or refusal to perform all the duties required 
of the township treasurer by law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained by reason 
of such failure or refusal, to be recovered by action of debt by said 
board, in their corporate name, for the use of the proper township, 
before any court having jurisdiction of the amount of damages 
claimed; but if the said treasurer, in any such failure or refusal, 
acted under and in conformity to a requisition or order of said board, 
•or a majority of them, entered upon their journal and subscribed by 
their president and clerk, then, and in that case, the members of said 
board aforesaid, or those of them voting for such requisition or order 
aforesaid, and not the said township treasurer, shall be liable, jointly 
and severally, to the inhabitants of the township for all such 
damages, to be recovered by an action of assumpsit in a suit brought 
in the official name of the county superintendent of schools, for the 
use of the proper township: Provided, said treasurer shall be liable 
for any loss not collected by reason of the insolvency of said trustees. 

§ 5. When a township treasurer shall resign or be removed, and 
at the expiration of his term of office, he shall pay over to his suc- 
cessor in office, when appointed, all money on hand, and deliver over 
all books, notes, bonds, mortgages and all other securities for money, 
and all papers and documents of every description in which the cor- 



84 

poration has any interest whatever; and in case of the death of th& 
township treasurer, his securities and legal representatives shall h& 
bound to comply with the requisitions of this section so far as the^ 
said securities and legal representatives may have the power so to do. 
And for any failure to comply with the requisitions of this section^ 
the persons neglecting or refusing shall be liable to a penalty of not 
less than ten nor more than one hundred dollars, at the discretion of 
the court before which judgment may be obtained, to be recovered in 
an action of debt before any justice of the peace, for the benefit of 
the school fund of such township: Provided, that the obtaining or 
payment of such judgment shall in nowise discharge or diminish the 
obligation of the persons signing the official bond of such township 
treasurer. 

§ 6. If any county superintendent, trustee of school, township' 
treasurer, director or any other person entrusted with the care, con- 
trol, management or disposition of any school, college, seminary or 
township fund for the use of any county, township, district or school^ 
shall convert such funds, or any part thereof, to his own use, he shall 
be liable to indictment; and, upon conviction thereof, shall be fined 
in any sum not less than double the amount of money converted tO' 
his own use, and imprisoned in the county jail not less than one nor 
more than twelve months, at the discretion of the court. 

§ 7. Trustees of schools shall be liable, jointly and severally, for 
the sufficiency of securities taken from township treasurers; and in. 
case of judgment against any treasurer and his securities for or on> 
account of" any default of such treasurer on which the money shall 
not be made for want of sufficient property whereon to levy execu- 
tion, action on the case may be maintained against said trustees^ 
jointly and severally, and the amount not collected on said judgment 
shall be recovered with costs of suit from such trustees: Provided, 
that if said trustees can show, satisfactorily, that the security taken 
from the treasurer, as aforesaid, was, at the time of said taking, good 
and sufficient, they shall not be liable as aforesaid. 

§ 8. The real estate of county superintendents, of township treas- 
urers, and all other school officers, and of the securities of each of' 
them shall be bound for the satisfaction and payment of all claims 
and demands against said superintendents and treasurers, and other 
school officers as such from the date of issuing process against them, 
in actions or suits brought to recover such claims or demands until 
satisfaction thereof be obtained; and no sale or alienation of real 
estate, by any superintendent, treasurer or other officer or security 
aforesaid, shall defeat the lien created by this section; but all and 
singular such real estate held, owned or claimed, as aforesaid, shall 
be liable to be sold in satisfaction of any judgment which may be 
obtained in such actions or suits. 

§ 9. Trustees of schools or either of them, failing or refusing to 
make returns of children in their township according to the pro- 
visions of this act, or if either of them shall knowingly make a false 
return, the party so offending shall be liable to a penalty of not less 
than ten (10) dollars nor more than one hundred (100) dollars, to be 



85 

recovered by an action of assumpsit before any justice of the peace 
of the county; which penalty, when collected, shall be added to the 
township school fund of the township in which said trustees reside. 

§ 10. If any county superintendent, director or trustee, or either 
•of them, or other officer whose duty it is, shall negligently or wil- 
fully fail or refuse to make, furnish or communicate the statistics 
and information, or shall fail to discharge the duties enjoined upon 
them or either of them, at the time and in the manner required by 
the provisions of this act, such delinquent or party offending shall be 
liable to a fine of not less than twenty-five (25) dollars, to be recov- 
ered before any justice of the peace at the suit of any person, on in- 
formation in the name of the People of the State of Illinois, and 
when collected, the said fine shall be paid to the county superintend- 
ent of the proper county for the use of the school fund. 

§ 11. County superintendents, trustees of schools, directors and 
township treasurers, or either of them or any other officer having 
charge of school funds or property, shall be pecuniarily responsible 
for all losses sustained by any county, township or school fund, by 
reason of any failure on his or their part to perform the duties re- 
required of him or them by the provisions of this act; or by any rule 
or regulation authorized to be made by the provisions of this act; and 
each and every one of the officers aforesaid shall be liable for any 
such loss sustained as aforesaid, and the amount of such loss may be 
recovered in a civil action brought in any court having jurisdiction 
thereof, at the suit of the State of Illinois, for the use of the county, 
township or fund injured; the amount of the judgment obtained in 
such suit shall, when collected, be paid to the proper officer for the 
benefit of the said county, township, or fund injured. 

§ 12. No county, city, town, township, school district or other 
public corporation shall ever make any appropriation, or pay from 
any school fund whatever, anything in aid of any church or sect^ian 
purpose, or to help support or sustain any school, academy, seminary, 
college, university or other literary or scientific institution controlled 
by any church or sectarian denomination whatever; nor shall any 
grant or donation of money, or other personal property, ever be made 
by any such corporation to any church or for any sectarian purpose; 
and any officer or other person having under his charge or direction 
school funds or property, who shall pervert the same in the 
manner forbidden in this section, shall be liable to indictment, and 
upon conviction thereof, shall be fined in a sum not less than double 
the value of the property so perverted, and imprisoned in the county 
jail not less than one (1) nor more than twelve (12) months at the 
discretion of the court. 

§ 13. No teacher, state, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used, or to be used, in any school in this State 
with which such officer or teacher may be connected; and for offend- 
ing against the provisions of this section such teacher, state, county, 
township or district school officer shall be liable to indictment, and 
upon conviction shall be fined in a sum not less than twenty- five (25) 



86 

dollars nor more than five hundred (500) dollars, and may be im- 
prisoned in the county jail not less than one (1) month nor more 
than twelve (12) months, at the discretion of the court. 

§ 14. Any school officer or officers, or any other person, who shall 
exclude or aid in the exclusion from the public schools, of any child 
who is entitled to the benefits of such school, on account of such 
child's color, shall be fined, upon conviction, in any sum not less than 
five (5) dollars nor more than one hundred (100) dollars each, for 
every such offense. 



Article XVI. 



MISCELLANEOUS. 



§ 1. Cost of suits not to be charged to school 
fund. 

i 2. Eligibility of women to school ofSces. 

i 3. Bonds of women holding school offices. 

2 4. Colored children may not be excluded 
from school. 

§ 5. Penalty for preventing children from 
attending school. 

g 6. Payment of funds to township treas- 
urer. 

§ 7. Reports and rate of taxation under 
special charters. 



8. Educational institutions to report to 

State Superintendent. 

9. Judgments and executions against 

boards of trustees and directors. 



g 10. 

g 11. 

g 12. 
g 13. 



No compensation allowed to trustees, 
directors, etc. ; exemption from road 
labor, etc. 

School officers to hold until their suc- 
cessors are qualified. 

Former acts repealed. 
Emergency clause. 



Section 1. No justice of the peace, constable, clerk of any court, 
sheriff or coroner shall charge any costs in any suit where any 
school officer, school corporation or any agent of any school fund, 
suing for the recovery of the same, or any interest due thereon, is 
plaintiff and shall be unsuccessful in such suit; nor where the costs 
can not be recovered from the defendant by reason of the insolvency 
of such defendant. 

§ 2, Any woman, married or single, of the age of twenty-one 
years and upwards, and possessing the qualifications prescribed for 
the office, shall be eligible to any office under the general or special 
school laws of this State. 

§ 3. Any woman elected or appointed to any office under the pro- 
visions of this act, before she enters upon the discharge of the duties 
of the office, shall qualify and give the bond required by law (if bond 
is required), and such bond shall be binding upon her and her secur- 
ities. 

§ 4. All boards of school directors, boards of education or school 
officers, whose duty it now is, or may be hereafter to provide, in 
their respective jurisdictions, schools for the education of all children 
between the ages of six and twenty-one years, are prohibited from 
the excluding, directly or indirectly, any such child from such school 
on account of the color of such child. 



87 

§ 5. Any person who shall, by threats, menace or intimidation, 
prevent any child entitled to attend a public school in this State 
from attending such school shall, upon conviction, be fined in any 
sum not exceeding twenty-five (25) dollars. 

§ 6. It shall be the duty of the county treasurers, county super- 
intendents of schools, township collectors, and all other persons pay- 
ing money into the hands of township school treasurers for school 
purposes, on or before the 30th day of September of each year, to 
notify in writing the presidents of boards or school trustees and the 
clerks of the boards of school directors of the amount paid into the 
township treasurer's hands and the date of payment. 

§ 7. This act shall not be so construed as to repeal or change, in 
any respect, any special acts in relation to schools in cities having less 
than one hundred thousand inhabitants, or incorporated towns, town- 
ships or districts except that in every such city, town, township or 
district the limit of taxation for educational and building purposes 
shall be the same as that fixed in section one, article eight, of this 
act; and except that it shall be the duty of the several boards of edu- 
cation or other officers of any city or incorporated town, township or 
district, having in charge schools under the provision of any of said 
special acts, or of any ordinance of any city or incorporated town, on 
or before the 15th day of July preceding each session of the General 
Assembly of this State, or annually, if required so to do by the State 
Superintendent of Public Instruction, to make out and render a 
statement of all such statistics and other information in regard to 
schools and the enumeration of persons, as is required to be commun- 
icated by township boards of trustees or directors, under the provis- 
ions of this act, or so much thereof as may be applicable to said city 
or incorporated town, to the county superintendent of the county 
where such city or incorporated town is situated, or of the county 
in which the larger part of such city or incorporated town is situ- 
ated; nor shall it be lawful for the county superintendent, or any 
other officer or person to pay over any portion of the common school 
fund to any local treasurer, school agent, clerk, board of education, 
or other officer or person of any township, city or incorporated town, 
unless a report of the number of persons and other statistics relative 
to schools, and a statement of such other information as is required 
by the board of trustees or of directors, as aforesaid, and of other 
school officers and teachers, under the provisions of this act, shall 
have been filed at the time or times aforesaid, specified in this section, 
with the superintendent of the proper county, as aforesaid. [As 
amended by act approved and in force March 31, 1891.] 

§ 8. It shall be the duty of the president, principal, or other 
proper officer of every organized university, college, seminary, 
academy, or other literary institution, heretofore incorporated, or 
hereafter to be incorporated in this State, to make out, or cause to be 
made out and forwarded to the office of the State Superintendent of 
Public Instruction, on or before the first day of August in each year, 
a report setting forth the amount and estimated value of real estate 
owned by the corporation, the amount of other funds and endow- 
ments, and the yearly income from all sources, the number of in- 



88 

structors, the number of students in the different classes, the studies 
pursued and the books used, the course of instruction, tbe terms of 
tuition, and such other matters as may be specially requested by 
said Superintendent, or as may be deemed proper by the president 
or principal of such institution to enable the Superintendent of Pub- 
lic Instruction to lay before the Legislature a fair and full exhibit of 
the affairs and conditions of said institutions, and of the educational 
resources of the State. 

§ 9. If judgment shall be obtained against any township board 
of trustees or school directors, the party entitled to the benefit of 
such judgment may have execution therefor, as follows to- wit: It 
shall be lawful for the court in which such judgment shall be ob- 
tained, or to which such judgment may be removed by transcript or 
appeal from a justice of the peace, or other court, to issue thence a 
writ commanding the directors, trustees and treasurer of such town- 
ship to cause the amount thereof, with interest and costs, to be paid 
to the party entitled to the benefit of such judgment, out of any 
moneys unappropriated of said township or district, or if there be no 
such moneys, out of the first moneys applicable to the payment of 
the kind of services or indebtedness for which such judgment shall 
be obtained, which shall be received for the use of such township or 
district, and to enforce obedience to such writ by attachment, or by 
mandamus, requiring such board to levy a tax for the payment of 
such judgment; and all legal processes, as well as writs to enforce 
payment, shall be served either on the president or the clerk of the 
board. 

§ 10. Trustees of schools, school directors, members of boards of 
education, or other school officers performing like duties, shall re- 
ceive no pecuniary compensation, but they shall be exempt from 
road labor and military duty during their term of office. 

§ 11. All school officers elected in pursuance of any general law 
now in force shall hold their respective offices until their successors 
are elected and qualified under the provisions of this act. 

§ 12. "An act to establish and maintain a system of free schools," 
approved April 1, 1872; "An act to protect colored children in their 
rights to attend public schools," approved March 24, 1874; "An act 
to amend section fifty (50) of an act entitled, 'An act to establish 
and maintain a system of free schools,' approved April 1, 1872, ap- 
proved March 30, 1874;" "An act to amend sections 24 and 33 of an 
act entitled, 'An act to establish and maintain a system of free 
schools,' approved April 1, 1872, approved May 23, 1877;" "An 
act to amend section 47 of 'An act to establish and maintain a system 
of free schools,' approved April 1, 1872, approved May 11, 1877;" 
"An act regulating the renting and sale of school lands," approved 
May 25, 1877; "An act to amend section 33 of an act entitled, 'An act 
to amend sections 24 and 33 of an act entitled, 'An act to establish 
and maintain a system of free schools,' approved April 1, 1872, ap- 
proved May 23, 1877, in force July 1, 1877," approved May 31, 1879;" 
"An act to amend an act entitled, 'An act to establish and maintain 
a system of free schools,' approved April 1, 1872, \nd section forty- 
seven (47) of said act as amended by an act approved May 11, 1877, 



89 

approved June 3, 1879;" "An act to amend sections eleven (11), 
twenty-seven (27), thirty- three (33), thirty-four (34), forty- eight 
(48), fifty-three (53), fifty- four (64), fifty-seven (57) of an act 
entitled, 'An act to establish and maintain a system of free schools,' 
approved April 1, 1872, and in force July 1, 1872, and amended by an 
act approved June 3, 1879, and in force July 1, 1879, approved May 
51, 1881;" "An act to amend section fifty-one (51) of an act entitled, 
'An act to establish and maintain a system of free schools," approved 
April 1, 1872, in force July 1, 1872, and amended by an act approved 
June 3, 1879, in force July 1, 1879, approved June 23, 1883;" 
"An act regulating the loan of school funds," approved and in 
force March 20, 1883; "An act to amend sections thirteen (13), twenty 
(20) and seventy-one (71) of an act entitled, *An act to establish and 
maintain a system of free schools,' approved April 1, 1872, and in 
force July 1, 1872, and amended by an act approved June 3, 1879, 
approved June 26, 1885;" "An act to amend sections fifty-seven (57) 
and fifty-eight (58) of an act entitled, 'An act to establish and main- 
tain a system of free schools,' approved April 1, 1872, and amended 
l3y an act approved April 1, 1872, and amended by an act approved 
June 3, 1879, and in fource July 1, 1879, and further amended by an 
act approved May 31, 1881, and in force July 1, 1881, approved June 
30, 1885;" "An act to amend section one (1) of an act entitled, 'An 
act regulating the renting and sale of school lands,' approved May 
25, 1877, in force July 1, 1877,' approved June 29, 1885;" "An act to 
amend section thirty-three (33) of an act entitled, 'An act to estab- 
lish and maintain a system of free schools,' approved April 1, 1872, 
in force July 1, 1872, as amended by an act approved May 23, 1877, 
in force July 1, 1877, as amended by an act approved June 3, 1879, 
in force July 1, 1879, as amended by an act approved May 31, 1881, 
in force July 1, 1881,' approved June 4, 1887;" "An act to provide 
for the election of presidents of boards of education in school dis- 
tricts," approved June 17, 1887; "An act to empower trustees of 
schools to lay out and dedicate common school lands for street and 
highway purposes," approved June 3, 1887; "An act to regulate the 
attendance of teachers upon teachers' institutes," approved June 14, 
1878; "An act to empower township trustees to sell and convey right 
of way and depot grounds for the use of railroads crossing school 
lands," approved April 13, 1875; "An act to regulate the payment of 
moneys into the hands of township school treasurers," approved May 
30, 1881; and all other acts and parts of acts inconsistent with this 
act, and all general school laws in this State, are hereby repealed 

§ 13. Whereas, An emergency exists, requring this act to take 
immediate effect, therefore be it enacted that this act shall take effect 
from and after its passage. 

Approved May 21, 1889. 



90 



ADDITIONAL ACTS PERTAINING TO THE PUBLIC 
SCHOOLS AND SCHOOL OFFICERS. 



MEMBERS OF THE BOARD OF EDUCATION APPOINTED. 

An Act to provide for the appointment of School Directors and 
members of the Board of Education, in certain cases, approved 
May 29, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That in all cases whereby 
[where, by] the provisions of any general or special law of this. 
State heretofore passed, the members of the common council of any 
city have been made ex officio school directors, or members of the 
board of education in and for the school district of which the said 
city shall constitute the whole or a part, the said school directors or 
members of the board of education shall hereafter be appointed as 
hereinafter provided. 

§ 2. It shall be the duty of the mayor of said city, at the first reg- 
ular meeting of the city council after each annual municipal election,, 
and after his installation into office, to nominate and place before the 
council, for confirmation as school directors or members of the board 
of education, as the case may be, one person from each ward of said 
city to serve for two years, and one person from the city at large to- 
serve for one year, and if the persons so appointed shall be confirmed 
by a majority vote of the city council, to be entered of record, the 
persons so appointed, together with such persons theretofore ap- 
pointed under the provisions of this act, to which this is an amend- 
ment, whose terms of service will not expire within one year, shall 
constitute the board of education or school directors for such districts 
Provided, that the person appointed from the city at large for ona 
year shall be president of said board of education or school directors, 
but shall have no vote in such board excepting in case of a tie: Atid, 
provided further, that the term of office of all persons heretofore ap- 
pointed under the provisions of the act to which this is an amend- 
ment, whose term of office expires within one year, shall terminate 
at the first regular meeting of the city council after the annual meet- 
ing, and upon the appointment and confirmation of their successors. 
[As amended by act approved and in force May 28, 1889.] 

§ 3. The said persons shall, soon as practicable after their ap- 
pointment, organize by electing one of their number secretary, who 



91 

shall hold his office for one year. All rights, powers and duties here- 
tofore exercised by and devolved upon the members of the city coun- 
cil, as ex officio members of the board of education, or school direct- 
ors, shall devolve upon and be exercised by the members of tha 
board of education and school directors appointed under the provis- 
ions of this act. [As amended by act approved and in force May 28,- 
1889.] 

§ 4. In all school districts to which this act shall apply the boards 
of education or school directors shall annually, before the first day of 
August, certify to the city council, under the hands and seals of the 
president and secretary of the board, the amount of money required 
to be raised by taxation for school purposes in said district for the 
ensuing year, and the said city council shall thereupon cause the 
said amount to be levied and collected in the same manner now pro- 
vided by law for the levy and collection of taxes for school purposes 
in such district, but the amount to be so levied and collected shall 
not exceed the amount now allowed to be collected for school pur- 
poses by the general school laws of this State ; and when such taxes 
have been collected and paid over to the treasurer of such city or 
school district, as may be provided by the terms of the act under 
which such district has been organized, such funds shall be paid out 
only on the order of the board of education or school directors,^ 
signed by the president and secretary of such board. 

Approved May 29, 1879. 

REQUIRING AND REGULATING THE STUDY OF PHYSIOLOGY AND 

HYGIENE. 

§ 1. Teaching effects of alcoholic drinks, I § 2. Instruction to be given in normal' 
etc. I schools, institutes, etc. 

An Act to amend "An act relating to the study of physiology and 
hygiene in the public schools," approved June 1, 1889, in force 
July 1, 1889. Approved June 9, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That "An act relating to the 
study of physiology and hygiene in the public schools," approved 
June 1, 1889, in force July 1, 1889, be amended so as to read as fol- 
lows: 

That the nature of alcoholic drinks and other narcotics and their 
effects on the human system shall be taught in connection with the 
various divisions of physiology and hygiene as thoroughly as are 
other branches in all schools under State control, or supported wholly 
or in part by public money, and also in all schools connected with re- 
formatory institutions. 

All pupils in the above mentioned schools below the second year 
of the high schools and above the third year of school work, comput- 
ing from the beginning of the lowest primary year, or in correspond- 
ing classes of ungraded schools, shall be taught and shall study this 
subject every year from suitable text-books in the hands of all pupils, 
for not less than four lessons a week for ten or more weeks of each 
year, and must pass the same tests in this as in other studies. 



92 

In all schools above mentioned all pupils in the lowest three pri- 
mary school years, or in corresponding classes in ungraded schools, 
shall each year be instructed in this subject orally for not less than 
three lessons a week for ten weeks in each year, by teachers using 
text-books adapted for such oral instruction as a guide and standard. 

The local school authorities shall provide needed facilities and def- 
inite time and place for this branch in the regular course of study. 

The text-books in the pupils' hands shall be graded to the capaci- 
ties of the fourth year, intermediate, grammar and high school 
pupils, or to corresponding classes as found in ungraded schools. 

For students below high school grade such text-books shall give at 
least one-fifth their space, and for students of high school grade shall 
give not less than twenty pages to the nature and effects of alcoholic 
drinks and other narcotics. The pages on this subject, in a separate 
chapter at the end of the book, shall not be counted in determining 
the minimum. 

§ 2. In all normal schools, teachers' training classes and teach- 
ers' institutes, adequate time and attention shall be given to instruction 
in the best methods of teaching this branch, and no teacher shall be 
licensed who has not passed a satisfactory examination in this sub- 
ject and the best methods of teaching it. ' 

Any school officer or officers who shall neglect or fail to comply 
with the provisions of this act shall forfeit and pay for each offense 
the sum of not less than five dollars nor more than twenty-five dol- 
lars. 



COMPENSATION OF JUDGES AND CLERKS OF ELECTION IN CERTAIN 

CASES.* 

An Act to provide for the compensation of judges and clerks of 
election at elections at which trustees of schools and school direct- 
ors are elected under the provisions of an act entitled "An act to 
regulate the holding o1 elections and declariny the result thereof 
in cities, villages and incorporated towns in this State,''"' approved 
June 19, 1885. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That at all elections held 
under the provisions of an act entitled "An act to regulate the hold- 
ing of elections and declaring the result thereof in cities, villages 
and incorporated towns in this State," approved June 19, 1885, and 
those amendatory and supplemental thereto, at which any trustee of 
school may have been heretofore or shall hereafter be elected, the 
expenses of such election shall be paid out of the treasury of such 
city, village and incorporated town. 



*This relates to the judges and clerks of elections appointed by the board of election 
commissioners, and not to the officers of school elections generally. 



93 

§ 2. That all elections held under the provisions of said acts, at 
which a school director is elected, the expenses of such election shall 
be paid out of any funds belonging cr appertaining to the district 
for which such director is elected, 

§ 3. The corporate authorities of cities, villages, incorporated 
towns and school districts are hereby authorized and empowered to 
levy taxes for the purpose of paying election expenses. 

Appkoved June 3, 1889. 



ELECTION OP BOARDS OF EDUCA.TIOM IN CERTAIN CASES. 

§ 3. Repeals all acts in conflict. 
g 4. Emergency. 



2 1. Cities, towns and townships, in which 
schools are managed under special 
acts, maj elect boards of education. 



? 2. Question to'.be submitted to vote, upon 
petition of 50 voters. 

An Act to give cities, incoporated towns, townships and districts, 
in which free schools are now managed under special acts, au- 
thority to elect boards of education having the same powers as 
boards of education now elected under the general free school laws 
of this State. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That any city, incorporated 
town, township or district having a population of not less than one 
thousand and not over twenty thousand inhabitants, in which free 
schools are now managed under any special act, may, by vote of its 
electors, determine to elect, instead of the directors or other govern- 
ing or managing board, now provided for by such special act, a board 
of education which shall be elected at the time and in the manner 
and have the powers now conferred by law upon boards of education 
of districts not governed by any special act. 

§ 2. Upon petition of fifty voters of such city, town, township or 
district, presented to the board having the control and management 
of school in such city, town, township or district, it shall be the duty 
of such board, at the next ensuing election to be held in such city, 
town, township or district, to cause to be submitted to the voters 
thereof, giving not less than fifteen days' notice thereof, by posting 
not less than five notices in the most public places in such city, town, 
township or district, the question of "electing a board of education 
having the powers conferred upon such boards in districts organized 
under the free school laws," which notice may be in the following 
form, to- wit: 

Public notice is hereby given that on the day of A. D. 

an election will be held at between the hours of 

M. and M. of said day, for the purpose of deciding the ques- 
tion of "electing aboard of education having the powers conferred upon such 
boards in districts organized under the free school law." 



94 

If it shall appear, upon a canvass of the returns of such election, 
that a majority of the votes cast at such election are "for electing a 
board of education having the powers conferred upon such boards in 
districts organized under the free school law," then at the time of 
the next regular election for boards of education under the free school 
law, there shall be elected a board of education for such district; and 
should there not be sufficient time to give the notice required by law 
for such election, then such election may be held on any Saturday 
thereafter, but all subsequent elections shall be held at the time pro- 
vided by the free school law. 

§ 3. All acts and parts of acts in conflict with this act are hereby 
repealed. 

§ 4. Whereas, An emergency exists requiring this act to take 
immediate effect, therefore be it enacted that this shall be in force 
from and after its passage. 

Appeoved June 2, 1891. 



§ 4. No child shall be employed for more 
than one day without such certifi- 
cate, 

§ 5. Penalties for violation of this act. 



Child Labor, 
employment of children under 13 years of age prohibited. 

g 1. Prohibits any person, firm or corpora- 
tion from employing: any child under 
13 years of aee, except as provided in 
this act. 

? 2. Certificate of the school board authoriz- 
ing employment. 

? 3. No certificate shall be issued unless the 
child has attended school at least 8 
weeks in the current school year. 

An Act to prevent child labor. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful 
for any person, firm or corporation to employ or hire any child under 
thirteen years of age except as hereinafter provided. 

§ 2. In case it shall be made to appear to the board of education 
or of school directors that the labor or services of any child consti- 
tutes and is the means of support of an aged or infirm relative, and 
that such relative is, in whole or in part, dependent upon such child, 
then the board of education or school directors shall issue to such 
child a certificate authorizing the employment of such child; such 
certificate shall state the name, residence and age of such child, and 
a record thereof shall be kept by the board of education or school di- 
rectors in a book kept for that purpose. 

§ 3. No such certificate shall be granted to any child unless it 
shall be shown to the board of education or school directors [of the 
district] in which such child resides, that such child has attended 
some public or private day school for at least eight (8) weeks in the 
current school year. 



95 

§ 4. No person, firm or corporation shall employ any child under 
the age of thirteen years in any store, shop, factory or manufactur- 
ing establishment, by the day, or any period of time greater than one 
day, unless such certificate be furnished, nor shall he permit any 
such child to work in his employ wi'^hout such certificate. He or 
they shall be authorized to retain the certificate of any such child 
employed by him, which shall be evidence admissible in any court. 

• § 5. Any person, firm or corporation who violates the provisions^ 
of this act, and any father, guardian or person having control of any 
child under the age of thirteen years who willingly permits or con- 
sents to the employment of such child without such certificate as is 
prescribed by section three of this act, shall, for every offense, be 
fined in a sum not less than ten nor more than fifty dollars, for the 
use of public schools of the city or district in which such child re- 
sides. And every day of the employment of any such child shall be 
deemed a separate offense. 

Approved June 17, 1891. 



WOMEN MAY VOTE AT SCHOOL ELECTIONS. 



1. Confers the right of suffrage upon 
women 2! years of age and over who 
may vote at elections for school offi- 
cers. Registration. 



i 2. Shall be permitted to vote for school 
officers at any election. Ballots, at 
general elections, to be put into sep- 
arate boxes. 



An Act to entitle women to vote at any election held for the purpose 
of choosing any officer under the general or special school laws of 
this State. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Any woman of the age of 
twenty-one years and upwards, belonging to either of the classes 
mentioned in article 7 of the Constitution of the State of Illinois, 
who shall have resided in this State one year, in the county ninety 
days, and in the election district thirty days preceding any election 
held for the purpose of choosing any oj0&cer of schools under the gen- 
eral or special school laws of this State, shall be entitled to vote at 
such election in the school district of which she shall at the time 
have been for thirty days a resident : Provided, any woman so de- 
sirous of voting at any such election shall have been registered in 
the same manner as is provided for the registration of male voters. 

§ 2. Whenever the election of public school officers shall occur 
at the same election at which other public officers are elected, the 
ballot offered by any woman entitled to vote under this act shall not 
contain the name of any person to be voted for at such elections, ex- 
cept such officers of public schools, and such ballots shall all be de- 
posited in a separate ballot box, but canvassed with other ballots 
cast for school officers at such election. 

Approved June 19, 1891. 



96 



EXISTING INDEBTEDNESS. 



g 1. Authorizes the directors of any school district, created by special act, the limits of 
which are co-extensive with a city, to assume and pay any existing: indebtedness. 

An Act to alloio directors of schools under special laws to assume 
and provide for indebtedness heretofore created by the authorities 
of a city for school purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That whenever any city in 
this State is by special law made a school district, or whenever any 
school district created by special law shall be co-terminus with any 
city, the directors of such district shall have the power, at the re- 
quest of the city council, to assume and provide for, by borrowing- 
and taxation, any indebtedness now existing, created by the authori- 
ties of the city for school purposes. 

Approved June 22, 1891. 



relating to school attendance and the appointment of truant 

officers. 



g 1. Requires that children between the ages 
of 7 and 14 years shall attend school 
at least 16 weeks in each year unless 
exempt. 

?. 2. Penalty for violation of this act. 



§ 3. Appointment of truant of&cers. Hear- 
ing of charges for non-attendance. 

?. i. Penalties for evasion of this act. 

§ 5. Recovery of fines and penalties. 



An Act to promote attendance of children in schools and to prevent 
truancy. [Approved June 11, 1897, in force July 1, 1897.] 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every person having 
control of any child between the ages of seven (7) and fourteen (14) 
years shall annually cause such child to attend for at least sixteen 
(16) weeks, twelve (12) weeks of which attendance shall be consecu- 
tive, some public or private school, which time, for pupils under ten 
(10) years of age, shall commence with the beginning of the first 
term of the school year of such school, and not later than December 
1 of said school year for pupils above the age of ten (10) years, or as 
soon thereafter as due notice shall be served upon the person having 
such control of his duty under this act: Provided, that this act shall 
not apply in any case where the child has been or is being otherwise 
instructed, for a like period of time in each and every year, the ele- 
mentary branches of education by a person or persons competent to 
give such instruction ; or whose physical or mental condition renders 
his or her attendance impracticable or inexpedient, or who is excused 
for sufficient reason by any competent court of record. 

§ 2. For every willful neglect of such duty as prescribed by sec- 
tion one (1) of this act the person so oifending shall forfeit to the 
use of the public school of the city, town or district in which such 
child resides, a sum not less than one (1) dollar nor more than five 
(5) dollars and costs of suit, and shall stand committed until such 
fine and costs of suit are fully paid. 



97 

§ 3. The board of education in cities, towns, villages and school 
districts, and the board of school directors in school districts, shall 
appoint at the time of appointment or election of teachers each year 
one or more truant officers, whose duty it shall be to report all vio- 
lations of this act to said board of education or board of directors 
and to enter complaint against and prosecute all persons who shqll 
appear to be guilty of such violation. It shall also be the duty of 
said truant officer so appointed to arrest any child of school-going 
age that habitually haunts public places and has no lawful occupa- 
tion, and also any truant child who absents himself or herself from 
school, and to place him or her in charge of the teacher having 
charge of any school which said child is by law entitled to attend, 
and which school shall be designated to said officer by the parent^ 
guardian or person having control of said child. In case such parent, 
guardian or person shall designate a school without making or hav- 
ing made arrangements for the reception of said child in the school 
so designated, or in case he refuses or fails to designate any school, 
then such truant officer shall place such child in charge of the teacher 
of the public school. And it shall be the duty of said teacher to 
assign said child to the proper class and to instruct him or her in such 
studies as he or she is fitted to pursue. The truant officer so ap- 
pointed shall be entitled to such compensation for services rendered 
under this act as shall be determined by the boards appointing them, 
and which compensation shall be paid out of the distributable school 
fund: Provided, that nothing herein contained shall prevent the 
parent, guardian or person having charge of such truant child, which 
has been placed in any school by the truant officer, to thereafter send 
said child to any other school which said child is by law entitled to 
attend. 

§ 4. Any person having control of a child who, with intent to 
evade the provisions of this act, shall make a wilfully false statement 
concerning the age of such child, or the time such child has attended 
school, shall for such offense forfeit a sum of not less than three (3) 
dollars nor more than twenty (20) dollars for the use of the public 
schools of such city, town, village or district. 

§ 5. Any fine and penalty mentioned in this act may be sued for 
and recovered before any court of record or justice of the peace of 
the proper county, in the name of the People of the State of Illinois 
for the use of the public schools of the city, town, village or district 
in which said child resides. 

§ 6. An act entitled "An act concerning the education of chil- 
dren," approved June 19, 1S98, in force July 1, 1893, is hereby re- 
pealed. 



-7 S. 



98 

SCHOOL INSPECTORS ELECTED UNDER CERTAIN SPECIAL ACTS. 

2 1. Certain districts, containing over 20.000 | ? 2, Moneys raised by taxation, liow drawn 
and less than 100,000 inhabitants, hav- and applied, 

ing special charters, though divided 

for the election of school inspectors, i ? 3. Record of the proceedings of boards of 

are made undivided districts with | inspectors, 

added powers for the control and 
management of schools. ^ *• Emergency. 

An Act to amend section one of "An act extending the powers of 

Boards of School Inspectors elected under special acts,^' approved 

June 19, 1893. Approved and in force June 11, 1897. 

Section 1, Be it enacted hy the People of the State of Illinois, 

represented in the General Assembly : That section one of "An act 

extending the powers of boards of school inspectors elected under 

special acts," approved June 19, 1898, be amended so as to read as 

follows: 

Be it enacted hy the People of the State of Illinois represented in 
the General Assembly : That in all cities in the State having over 
20,000 and less than 100,000 inhabitants, whose schools are now 
operated under special law, and where, by such law, territory outside 
of the city limits is added to the territory within the city for school 
purposes, and where such school district or districts is not co exten- 
sive with the township in which such city is situated, and where by 
such special law, boards of school inspectors, consisting of six mem- 
bers (three in each of two districts) , arc elected, the provisions of any 
such special law dividing such territory into two districts shall be 
held to be only for the purpose of electing menbers of the board of 
school inspectors, and for all other purposes the territory in two 
such districts shall be held to be included in one school organization, 
and the board of school inspectors, in addition to the other powers 
given by such special law, and the general school laws, shall have 
power to employ teachers, janitors and other employes as such 
board shall deem necessary, and to fix the amount of their compen- 
sation, to buy or lease sites for school houses, with the necessary 
grounds; to build, erect, lease or purchase buildings suitable for 
school houses, to repair and to improve school houses, and to furnish 
them with the necessary supplies, fixtures, apparatus, libraries and 
fuel, and it shall be the duty of such board to take the entire super- 
vision and control of the schools in such district or districts. 

§ 2. [Act op 1897.] Whereas, An emergency exists, therefore 
this act shall take effect and be in force from and after its passage. 

§ 2. [Original act.] All moneys necessary for the purposes 
mentioned in section one of this act shall be raised as now provided 
by law, not to exceed the amount by law limited, and shall be held 
by the treasurer as a special fund for school purposes, subject to the 
order of school inspectors, upon warrants to be countersigned by the 
mayor and city clerk. 

§ 3. The said board shall provide well-bound books at the ex- 
pense of the school tax fund, in which shall be kept a faithful 



99 

Tecord of all its proceedings. The yeas and nays shall be taken and 
entered on the record of the proceedings of the board upon all ques- 
tions involving the expenditure of money. 

§ 4. Whereas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved June 19, 1893. 

SCHOOL INSPECTORS. 

I 1. Increasing number of school inspectors, § 2. Emergency, 
elected under special acts, from six 
to seven members. 

An Act increasing the number of school inspectors, elected under 
special acts, from six to seven members. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State having over 10,000 and less than 100,000 inhabitants, whose 
schools are now operated under special law, and where, by such spec- 
ial law, boards of school inspectors consisting of six members (three 
in each of two districts) are elected, such board shall hereafter con- 
sist of sev^n members; and at the time other members of such boards 
a,re elected in April, 1895, and each three years thereafter, such ad- 
ditional member shall be elected for a term of three years, by all the 
voters entitled to vote at school elections of the entire school territory 
embraced in said two districts; and whenever such additional mem- 
ber is to be elected, he shall be designated and voted for as "member 
of board of school inspectors at large." 

§ 2. Whereas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 
Approved March 6, 1895. 

election of boards of EDucATioisr IN certain districts. 

1. Election of boards of education in lieu g 2. Emergency, 
of school directors— Term of office- 
powers. 

An Act to amend an act entitled, "An act to provide for the election 
of boards of education, and the defining of the powers of such 
boards of education, in school districts organized under special acts 
of the Legislature of this State, where such school districts are 
maintained under the general school laws of this State, and where 
there is no provision in such special acts for the election of boards 
of education." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : Section 1 of an act entitled, 
"An act to provide for the election of boards of education in school 
districts organized under special acts of the Legislature of this State, 
where such school districts are niaintained under the general school 
law of this State, and where there is no provision in such special acts 
for the election of boards of education," approved June 10, 1897, in 
force July 1, 1897, be, and the same is hereby, amended to read as 
follows : 



100 

Section 1. That hereafter, an all school districts in this State or- 
ganized under any special law of this State, and maintaining public 
schools under any general school laws of this State, where there is 
no provision in said special acts creating such special school districts, 
for the election of boards of education as otherwise provided, there 
shall be elected in each of said special school districts, in lieu of the 
school directors as now provided, a board of education, to consist of 
seven members to be elected at the time and in the manner as now 
provided by the general law for the election and qualification of 
boards of education in other cases: Provided, That at the first 
election of such board, which shall be held on the third Saturday in 
April, A. D. 1898, two of such members shall be elected to serve one 
year, two to serve two years, and two to serve three years, and a pres- 
ident of such board shall be elected, whose term of office shall be 
one year; and annually thereafter there shall be elected in said school 
district two members of such board, whose term of office shall be 
three years, and there shall also be elected annually thereafter a pres- 
dent of said board. Said board of education, when so elected and 
qualified, shall have all the powers of trustees of schools in school 
townships as is now provided by general law. Said board of educa- 
tion, in addition to the powers of trustees aforesaid, shall tilso have 
all the powers of school directors as is now provided for by the gen- 
eral school law of this State ; and in addition thereto and inclusive 
thereof, they shall have all the powers and perform all the duties of 
boards of education in school districts having a population of not less 
than one thousand and not over one hundred thousand inhabitants 
under the general school law as the same now exists and as set forth 
in article six of the school law, or as shall be conferred by any future 
alterations thereof by the Legislature. 

§ 2. Whereas, an emergency exists, therefore this act shall take 
effect from and after its passage. [As amended by act approved 
May 10, 1901.] 

KINDERGARTEN SCHOOLS. 



i 1. School districts, upon authorization by 
a majority of votes cast at an elec- 
tion for that purpose, to establish 
kindergarten schools. 



? 2. Teachers' certificates. 



An Act authorizing school districts managed by hoards of educa- 
tion and directors to establish and maintain kindergarten schools. 
Approved April 17, 1895, in force July 1, 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That in addition to other 
grades or departments now established and maintained the public 
schools of the State, any school district managed by a board of edu- 
cation or a board of directors is hereby empowered, when authorized 
by a majority of all the votes cast at an election for that purpose, 
such election to be called and held in accordance with the provisions 
of article IX of an act entitled, "An act to establish and maintain a 
system of free schools," approved and in force May 21, 1889, to estab- 



101 

lish in connection with the public schools of such district, a kinder- 
garten or kindergartens for the instruction of children between the 
ages of four and six years, to be paid for in the same manner as other 
grades and departments now established and maintained in the pub- 
lic schools of such district. No money accruing to such district from 
the school tax fund of the State shall be used to defray the tuition or 
■other expenses of such kindergarten, but the same shall be defrayed 
from the local tax and the special school revenue of said district. 

§ 2. All teachers in kindergartens established under this act shall 
hold a certificate issued as provided by law, certifying that the holder 
thereof has been examined upon kindergarten principles, and is com- 
petent to teach the same. 

Appeoved April 17, 1895. 



teachers' pension and retirement fund. 



■i 1. 



? 5. Powers of trustee. 

i 6. Special fund— How created— How and 
when drawn. 

§ 7. Custodian of fund. 

I 8. Removals— Contributions refunded to 

teachers. 



Teachers' and employes' pension and 
retirement fund in certain cities — 
How created— Release from making 
further payments, how made. 

g 2. Board of trustees— Administration and 
investment of fund. 

g 3. Retirement. 
=§ 4. Annuity. 

An Act to provide for the formation and disbursement of a public 
school teachers^ and public school employes'' pension and retire- 
ment fund in cities having a population exceeding one hundred 
thousand inhabitants. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the board of education 
in cities having a population exceeding one hundred thousand inhab- 
itants, shall have power, and it shall be the duty of said board to 
create a public school teachers' and public school employes' pension 
-and retirement fund, and for that purpose set apart the following 
■moneys, to- wit: 

1. An amount not exceeding one per cent per annum of the re- 
spective salaries paid to teachers and school employes elected by such 
board of education, which amount shall be deducted in equal install- 
ments from said salaries at the regular times for the payment of such 
salaries. 

2. All moneys received from donations, legacies, gifts, bequests, 
or otherwise, on account of said fund. 

3. All moneys which may be derived from any and all sources: 
Provided, however, that no tax shall ever be levied for said fund. 

4. Any public school teacher or public school employ^, a part of 
whose salary is now or may hereafter be set apart to provide for the 
fund herein created by this act, may be released from the necessities 
of making further payments to said fund by filing a written notice of 
his or her desire to withdraw from complying with the provisions of 



102 

this act, with said board of trustees, which said resigrnation shall 
operate and go into effect immediately upon its receipt by said board 
of trustees. [As amended by act approved May 11, 1901.] 

§ 2. The board of education, together with the superintendent of 
schools, and two representatives to be selected annually by the teach- 
ers and employes of the public schools under control of said board, 
shall form a board of trustees, a majority of whom shall determine 
the amount to be deducted from the salaries paid to teachers and 
employes as aforesaid, and shall have charge of, and administer said 
fund, and shall have power to invest the same as shall be deemed 
most beneficial to said fund, in the same manner and subject to the 
same terms and conditions as township treasurers are permitted to 
invest school funds in article four (4) of an act entitled "An act to 
establish and maintain a system of free schools," in force May 4, 
1889, and shall have power to make payments from said fund of an- 
nuities granted in pursuance of this act, and shall from time to time 
make and establish such rules and regulations for the administration 
of said fund as they shall deem best. 

§ 3. Said board of education shall have power, by a majority vote 
of all its members, to retire any female teacher or other female school 
employe who shall have taught in public schools or rendered service 
therein for a period aggregating twenty years; and any male teacher 
or male school employe who shall have taught or rendered service 
for a period aggregating twenty-five years, and such teacher or school 
employe also shall have the right after said term of service to retire 
and become a beneficiary under this act: Provided, however, that 
three fifths of said term of service shall have been rendered by said 
beneficiary within the limits of the municipality where said board of 
education has jurisdiction. 

§ 4. Each teacher and school employ^ so retired or retiring shall 
thereafter be entitled to receive as an annuity one-half of the annual 
salary paid to said teacher or employ^ at the date of such retirement, 
said«annuity to be paid monthly during the school year: Provided,, 
however, that such annuity shall not exceed the sum of six hundred 
dollars ($600) , which shall be paid by said board of education out of 
the fund created in accordance with this act in the manner provided 
by law for the payment of salaries. 

§ 5. Said board of trustees is hereby given the power to use both 
the principal and the income of said fund for the payment of an- 
nuities hereinbefore mentioned, and shall have power to reduce, from 
time to time, the amount of all annuities: Provided, that such re- 
duction shall be at the same rate in all cases. 

§ 6. The president and secretary of such board of education shall 
certify monthly to the city treasurer all amounts deducted from the 
salaries of teachers, special teachers, principals and employes of the 
board of education in accordance with the provisions of this act, 
which amounts as well as all other moneys contributed to said fund,. 
shall be set apart and held by said treasurer as a special fund for the 
purpose hereinbefore specified, subject to the order of said board of 



103 

education, superintendent of schools, and two representatives, as 
aforesaid, and shall be paid out upon warrants signed by the presi- 
dent and secretary of said board of education. 

§ 7. The city treasurer shall be custodian of said pension fund, 
and shall secure and safely keep the same subject to the control and 
direction of said board of trustees, and shall keep his books and ac- 
counts concerning said fund in such a manner as may be prescribed 
by the said board. And said books .and accounts shall always be 
subject to the inspection of the said board or any member thereof. 

The treasurer shall, within ten days after his election or appoint- 
ment, execute a bond to the city, with good and sufficient securities, 
in such penal sum as the said board shall direct, to be approved by 
the said board, conditioned for the faithful performance of the duties 
of his office, and that he will safely keep, and well and truly account 
for all moneys and profits which may come into his hands as such 
treasurer, and that on the expiration of his term of office he will 
surrender and deliver over to his successor all unexpended moneys 
and all property which may have come into his hand as treasurer of 
such fund. Such bond shall be filed in the office of the clerk of such 
city, and in case of a breach of the same or the conditions thereof, 
suit may be brought on the same in the name of said city for the use 
of said board of trustees or of any person or persons injured by such 
breach. 

§ 8. No teacher or other school employe who has been or who 
shall have been elected by said board of education shall be removed 
or discharged except for cause upon written charges, which shall be 
investigated and determined by the said board of education whose 
action and decision in the matter shall be final. 

If at any time a teacher or school employ^ who is willing to con- 
tinue is not re- employed or is discharged before the time when he or 
she would under the provisions of this act be entitled to a pension, 
then such teacher or school employ^ shall be paid back at once all 
the money, with interest, he or she may have contributed under the 
law. 

Approved May 21, 1895. 



104 

FLAG LAW. 



§ i. Payment for the flags. 

§ 5. Penalty. 

§ 6. Repeal of former acts. 



g 1. On courthouses. 

g 2. On penal and reformatory. State educa- 
tional and State charitable institu- 
tions. 

§ 3. On public school buildings. 

An Act to provide for placing United States national flags on school 
houses, court houses and other public buildings in this State, and 
to repeal certain acts therein named. Approved June 2, 1897, 
in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be the duty of 
the board of supervisors in counties under township organization, 
and the board of commissioners in counties not under township 
organization, to provide United States national flags of not less than 
four by eight feet in size, to be unfurled and kept floating from a 
suitable flag staff to be placed on the top of the court house in their 
respective counties, and it is hereby made the duty of the sheriff of 
each and every county in the State to see that the flag so provided 
shall be hoisted on its flag staff above the court house and kept 
floating from eight o'clock a. m. to five o'clock p. m. on each and 
every legal holiday of the year, and on such other days as the board 
of supervisors or the board of county commissioners may direct. 

§ 2. The commissioners or trustees of all penal and reformatory, 
State educational and State charitable institutions of this State shall 
provide United States national flags of not less than ten by twenty 
feet in size, and cause the same to be unfurled and kept floating 
above the said penal and reformatory. State educational and State 
charitable institutions, or on a suitable flag pole from eight o'clock 
a. m. to five o'clock p. m, on each and every legal holiday in the year, 
and on such other days as the commissioners or trustees may deter- 
mine. 

§ 8. The directors or board of education of every school district 
in the State of Illinois shall have power to cause to be erected and 
to keep in repair upon all public school houses or within the school 
grounds surrounding such public school buildings which may be in 
their respective school districts, a good and sufficient flag staff or 
pole, together with all necessary adjustments, and that they shall 
provide a United States national flag of not less than four by eight 
feet in size, which shall be floated from such flag staff or pole during 
the school hours of such days as the directors or board of education 
may determine: Provided, that the flag shall not be hoisted on any 
court house, State institution or public school building during any 
day when a violent storm or inclement weather would destroy or 
materially injure such flag. 

§ 4. The flag used by any and all State institutions, as provided 
for in this act, shall be paid for out of the funds appropriated for the 
running expenses of said institutions, the same as other necessary 
supplies are bought and paid for, and the flags for use over court 



105 

houses and public school buildings are hereby declared to be neces- 
sary supplies, and may be paid for out of the public funds of the re- 
spective counties or school districts. 

§ 5. Any person or persons who shall wilfully injure, deface or 
destroy any flag, flag staff or pole, or adjustments attached thereto, 
erected and arranged for the purpose of carrying out the require- 
ments of this act, shall be deemed guilty of a misdemeanor, and upon 
conviction shall be fined not less than one (1) dollar nor more 
than fifteen (15) dollars. 

§ 6. That an act entitled, "An act to provide for placing the 
United States national flags on school houses, court houses and other 
buildings in the State," became a law June 26, 1895, in force July 1, 
1895; and an act entitled, "An act to require the United States flag 
to be placed upon all public buildings in Illinois, or upon a flag pole 
■erected within the school grounds surrounding such school build- 
ings," became a law June 26, 1895, in force July 1, 1895, be and the 
same are hereby repealed. 

CLASSES FOR DEAF CHILDREN IN THE PUBLIC SCHOOLS. 



? 1. Providing: instruction for deaf children. 

? 2. Report to be made annually to State 
Superintendent. 

g 3. County superintendent authorized to 
distribute funds. 



g 4. Time of distributing funds. 

? 5. Teachers appointed by State Superin- 
tendent. 



An Act authorizing school districts managed hy boards of educa- 
tion or directors to establish and maintain classes for the deaf in 
the public schools, and authorizing payment therefor from State 
common school funds. Approved June 11, 1897, in force July L, 

1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon application by a 
board of education or directors of any school district of the State to 
the State Superintendent of Public Instruction, he shall grant per- 
mission to such board of education or directors, and such board of 
education or directors shall thereupon be empowered to maintain as 
part of a public school, within its limits, one or more classes, having 
an average attendance of not less than three pupils, for instruction 
of deaf persons over the age of three and under twenty- one years, 
residents of the State of Illinois. 

§ 2. Such board of education or directors which shall maintain 
one or more classes for the instruction of the deaf shall report to the 
State Superintendent of Public Instruction annually, and as often as 
said Superintendent shall direct, such facts concerning such class or 
classes as he may require. 

§ 3. The county superintendent of schools in each county is 
hereby authorized and directed to apportion and pay out of the 
State common school fund received by such county, to the treasurer 
or other financial officer cf such board of education or directors 
maintaining such class or classes for the instruction of the deaf, the 



106 

8um of one hundred and fifty dollars for each deaf pupil, resident of 
such county, instructed in any such class for at least nine months 
during the school year, and a share of such sum proportionate to the 
term of instruction of auy such pupil as shall bd so instructed less 
than nine months during such year. If no such class shall be main- 
tained in a public school in any county, but persons residing in such 
county shall attend such class in an adjoining county with the per- 
mission of the county superintendent of the county not maintaining 
such class, then said superintendent shall pay to the financial officer 
of the board of education or directors of the district maintaining 
such class the amount above specified for each pupil attending such 
class in such other county. 

§ 4. The sums provided in the next preceding section shall be 
paid by such county superintendent of schools as soon as may be 
after the receipt by him of the State common school fund in each 
year, upon satisfactory proof being made to him by the president and 
the secretary or clerk of such board of education or directors main- 
taining such class, of the number of pupils instructed in such class 
or classes, and their residences, and the period. of time each such 
pupil shall have been so instructed in such class or classes for the 
preceding school year. 

§ 5. All teachers in such classes shall be appointed by the State 
Superintendent of Public Instruction upon application of the board 
of education or directors of the school district maintaining such 
class or classes; the State Superintendent of Public Instruction to- 
have the power to remove such teachers for cause. No person shall 
be appointed to teach any such class who shall not have first obtained 
a teacher's certificate, as provided by law, and who shall not have re- 
ceived specific instruction in the teaching of the deaf for a term of 
not less than one year. 

A MANUAL TRAINING DEPARTMENT FOR TOWNSHIP HIGH SCHOOLS. 



g 1. 'Election for establishment of manual 
training department. 

g 2. Ballots for such election. 



i 3. Establishment of the training depart- 
ment. 



An Act to provide for the establishment and maintenance of man- 
ual training departments for high schools. Approved June 3^ 
1897, in force July 1, 1897. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That upon the petition of 
not less than fifty voters of any high school district, filed with th& 
township treasurer at least fifteen days preceding the regular elec- 
tion of members of the board of education for said high school dis- 
trict, it shall be the duty of said treasurer to notify the voters of said 
district that an election "For" or "Against" the establishment of a 
manual training department for said high school will be held at the 
next annual election of the board of education by posting notices of 
such election in at least ten of the most public places throughout 
the township for at least ten days before the day of such regular 
election, which notice may be in the following form: 



107 



HIGH SCHOOL ELECTION. 

Notice is hereby given that on Saturday, the day of Aprils 

A. D .an election will be held at for the purpose of 

voting "For" or "Against" the proposition to establish a manual training de- 
partment for the high school in township No , range No The 

polls for said election will be opened at o'clock and close at o'clock 

of said day. 



Township Treasurer. 

§ 2. The ballots for such election shall be received and canvassed 
as in other elections, and may have on them the names of the board 
of education voted for at said election. 

§ 3. If a majority of the votes cast at such election shall be in- 
favor of establishing a manual training department for the high 
school in said district, it shall be the duty of the board of education 
to establish and maintain therein such department as a part of the. 
high school. 



PARENTAL SCHOOLS. 



? 1. Establishment of parental schools in 
Chicago. 

? 2. Locating site, providing buildings, etc. 

§ 3. Employment of superintendent, teach- 
ers, etc.; duties of board. 

g 4. Religious exercises. 

g 5. Duties of the truant officer or agent; 
procedure for commitment. 

§ 6. Issuance of writ; notice to parent or 
guardian. 

I 7. Clothing furnished by the board in 
case of failure of parent or guardian 
to do so. 



? 8. 



Parole of children to 
schools. 



attend other 



I 9. Monthly report from person in charge 
of school attended by any paroled 
child; final discharge. 

§ 10. Penalty for violations of parole. 

§ 11. Court may commit to juvenile reform- 
atory. 

§ 12. Establishment of school in certain 
cities upon vote of the people. 



An Act to enable hoards of education or boards of school trustees 
to establish and maintain parental or truant schools. 

Section 1. Be it enacted by the People of the State of Illinois ^ 
represented in the General Assembly : That in cities having a pop- 
ulation of 100,000 inhabitants or more, there shall be established,, 
maintained and conducted, within two years from the date of taking^ 
effect of this act, one or more parental or truant schools for the pur- 
pose of affording a place of confinement, discipline, instruction and 
maintenance of children of compulsory school age who may be com- 
mitted thereto in the manner hereinafter provided. 

§ 2. For the purpose of establishing such school or schools, sites 
may be purchased and buildings constructed or premises rented in 
the same manner as is provided for in the case of public schools in 
such cities; but no such school shall be located at or near any penal 
institution. And it shall be the duty of the board of education to 
furnish such schools with such furniture, fixtures, apparatus and 
provisions as may be necessary for the maintenance and operation 
thereof. 



108 

§ 3. The board of education may also employ a superintendent 
and all other necessary officers, agents and teachers; and shall pre- 
scribe the methods of discipline and the course of instruction; and 
shall exercise the same powers and perform the same duties as is 
prescribed by law for the management of other schools. 

§ 4. No religious instruction shall be given in said school except 
such as is allowed by law to be given in public schools; but the board 
of education shall make suitable regulation so that the inmates may 
receive religious training in accordance with the belief of the parents 
of such children, either by allowing religious services to be held in 
the institution or by arranging fqr attendance at public service else- 
where. 

§ 5. It shall be the duty of any truant officer or agent of such 
board of education to petition, and any reputable citizen of the city 
may petition, the county or circuit court of the county, to inquire 
into the case of any child of compulsory school age who is not attend- 
ing school, and who has been guilty of habitual truancy, or of persis- 
tent violation of the rules of the public school, and the petition shall 
also state the names, if known, of the father and mother of such child, 
or the survivor of them; and if neither father nor mother of such 
child is living, or can not be found in the county, or if their names 
can not be ascertained, then the name of the guardian if there be one 
known; and if there be a parent living whose name can be ascer- 
tained, or a guardian, the petition shall show whether or not the 
father or mother or guardian consents to the commitment of such 
child to such parental or truant school. Such petition shall be ver- 
ified by oath upon the belief of the petitioner, and upon being filed 
the judge of the county or circuit court shall have such child named 
in the petition brought before him for the purpose of determining 
the application in said petition contained. But no child shall be 
committed to such school who has ever been convicted of any offense 
punishable by confinement in any penal institution. 

§ 6. Upon the filing of such petition the clerk of the court shall 
issue a writ to the sheriff of the county directing him to bring such 
child before the court, and if the court shall find that the material 
facts set forth in the petition are true, and if, in the opinion of the 
court, such child is a fit person to be committed to such parental 
or truant school, an order shall be entered that such child be commit- 
ted to such parental or truant school, to be kept there until he or she 
arrives at the age of fourteen years unless sooner discharged in the 
manner hereinafter set forth. Before the hearing aforesaid notice in 
writing shall be given to the parent or guardian of such child, if 
known, of the proceedings about to be instituted, that he or she may 
appear and resist the same if they so desire. 

§ 7. It shall be the duty of the parent or guardian of any child 
committed to this school to provide suitable clothing upon his or her 
entry into such school and from time to time thereafter as it may be 
needed, upon notice in writing from the superintendent or other 
proper officer of the school. In case any parent or guardian shall 
refuse or neglect to furnish such clothing, the same may be provided 



109 

by the board of education, and such board may have an action 
against such parent or guardian of said child to recover the costs of 
such clothing with 10 per cent, additional thereto. 

§ 8. The board of education of such city shall have power to es- 
tablish rules and regulations under which children committed to such 
parental or truant school may be allowed to return home upon parole, 
but to remain while upon parole in the legal custody and under the 
control of the officers and agents of such school, and subject at any 
time to be taken back within the enclosure of such school by the su- 
perintendent or any authorized officer of said school except as here- 
inafter provided ; and full power to enforce such rules and regulations 
to retake any such child so upon parole is hereby conferred upon 
said board of education. No child shall be released upon parole in 
less than four weeks from the time of his or her commitment, nor 
thereafter until the superintendent of such parental or truant school 
shall have become satisfied from the conduct of the child that, if 
paroled, he or she will attend regularly the public or private school 
to which he or she may be sent by his or her parents or guardian 
and shall so certify to the board of education. 

§ 9. It shall be the duty of the principal or other person having 
charge of the school to which such child so released on parole may 
be sent to report at least once each month to the superintendent of 
the parental or truant school, stating whether or not such child at- 
tends school regularly and obeys the rules and requirements of said 
school; and if such child so released upon parole shall be regular in 
his or her attendance at school and his or her conduct as a pupil 
shall be satisfactory for a period of one year from the date which he 
or she was released on parole, he or she shall then be finally dis- 
charged from the parental or truant school, and shall not be recom- 
mitted thereto except on petition as hereinbefore provided. 

§ 10. In case any child released from said school upon parole, as 
hereinbefore provided, shall violate the conditions of his or her pa- 
role at any time within one year thereafter, he or she shall upon the 
order of the board of education, as hereinbefore provided, be taken 
back to such parental or truant school and shall not be again released 
upon parole within the period of three months from the date of such 
re-entering; and if he or she shall violate the conditions of a second 
parole he or she shall be recommitted to such parental or truant 
school and shall not be released therefrom on parole until he or she 
shall remain in said school at least one year. 

§ 11. In any case where a child is found to be incorrigible and 
his or her influence in such school to be detrimental to the interests 
of the other pupils, the board of education may authorize the super- 
intendent or any officer of the school to represent these facts to the 
circuit or county court by petition, and the court shall have authori- 
ty to commit said child to some juvenile reformatory. 

§ 12. Boards of education in cities having a population of over 
25,000 and less than 100,000 may establish, maintain and operate a 
parental or truant school for the purposes hereinafter specified, and 
in case of the establishment of such a school, the boards of education 



110 

shall have like power in their respective cities as herebefore [herein- 
before] expressed: Provided, that no board of trustees or board of 
education under this section shall put this law into effect until sub- 
mitted to a vote of the people and adopted by a majority vote at 
some general election. 

Approved April 24, 1899. 

GIVING CERTAIN CITIES WITH SPECIAL SCHOOL CHARTERS THE 
GOVERNMENT OF SCHOOLS IN ANNEXED TERRITORY. 

An Act giving cities organized under special charters and having 
the government of public schools under such charters, the govern- 
ment of public schools in any territory annexed to said cities, .ivith 
the right to levy and assess taxes for school purposes against the 
property in said territory so annexed. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State, having a population of less than twenty thousand, and incor- 
porated under any special law, whose public or common schools 
within the corporate limits of said city are governed by virtue of 
such special acts, where any territory has been heretofore, or may 
hereafter be annexed to said city for general corporate purposes, 
such territory so annexed shall be included in, and shall be subject 
to the control and government of said cities for school purposes up- 
on petition signed by a majority of the legal voters in the territory 
to be annexed as fully and to the same extent as if the said territory 
were originallj'^ within the corporate limits of said city as created by 
such special acts, and said territory, when so annexed, shall thereby 
become disconnected from any school district to which, prior to such 
annexation, it may have been connected or belonged. 

§ 2. All cities referred to in section 1 of this act shall have the 
right to levy, assess and collect taxes for school purposes in the terri- 
tory so annexed, in the same manner, and as fully and to the same 
extent as the said cities may now have said right over the territory 
comprised within the original corporate limits of said cities. 

Approved April 12, 1899. 

BOARDS OF TRUSTEES, DIRECTORS OR MANAGERS OF EDUCATIONAL 
INSTITUTIONS TO ELECT THEIR PRESIDENTS. 

An Act to provide that the board of trustees, directors or managers, 
or the !<enate, of any college, seminary, academy or other educa- 
tioval im^titution, incorporated under any general or special law 
of this State, solely for educational purposes and possessing no 
capital stock, may elect its own presiding officer. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the board of trustees, 
directors or managers, or the senate, of any college, seminary, academy 
or other educational institution, incorporated under any general or 
spepial law of this State, solely for educational purposes, and possess- 



Ill 

ing no capital stock, may elect its own presiding officer for such term 
as the board or senate may determine, the provisions of any special 
charter to the contrary notwithstanding. 

§ 2. Whereas, an emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved April 12, 1899. 

CORPORATIONS AUTHORIZED TO CONFER DEGREES. 

An Act to amend section 2 of ''An act concerning corporations," ap- 
proved April 18, 1872, in force July 1, 1872, as amended by act 
approved June 17, 1893, in force July 1, 1893. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 2 of "An act 
concerning corporations," approved April 18, 1872, in force July 1, 
1872, as amended by act approved June 17, 1893, in force July 1, 
1893, be and the same is hereby amended so that the same shall read 
as follows: 

§ 2. Whenever any number of persons, not less than three nor 
more than seven, shall propose to form a corporation under this act, 
they shall make a statement to that effect, under their hands and 
duly acknowledged before some officer in the manner provided for 
the acknowledgments of deeds, setting forth the name of the pro- 
posed corporation, the object for which it is to be formed, its capital 
stock, the number of shares of which stock shall consist, the location 
of its principal office and the duration of the corporation, not exceed- 
ing, however, ninety-nine years, which statement shall be filed in the 
office of the Secretary of State. The Secretary of State shall there- 
upon issue to such persons a license as commissioners to open books 
for subscription to the capital stock of said corporation at such times 
and places as they may determine; but no license shall be issued to 
two companies having the same name: Provided, that the Attorney 
General may file a bill in chancery in the name of the People of the 
State of Illinois against any corporation authorized to confer de- 
grees, diplomas or other certificate or certificates of qualification in 
the science of medicine, pharmacy or dentistry which conducts a 
fraudulent business, or abuses, misuses or violates the terms of its 
charter, in any court having jurisdiction of the corporation and sub- 
ject matter of such bill, for an injunction to restrain said corporation 
from conducting its business fraudulently, or abusing, misusing or 
violating the terms of its charter, and also for the dissolution of said 
corporation, and thereupon it shall be the duty of the court in which 
said bill is filed to grant such injunction and to hear and determine 
the same as in other cases in chancery. And, provided further, that 
this act shall apply to schools, colleges, or universities which now or 
may hereafter be licensed in this State, notwithstanding any provis- 
ions that may exist in their charters. 

Approved April 21, 1899. 



112 



NUMBERING 'SCHOOL DISTRICTS. 



§ 1. 



§ 2. 



g 3. 



School districts to be numbered con- 
secutively in counties. 

County superintendents to prepare 
maps. 

Township trustees to furnish maps- 
Establishment of boundaries. 



§ 4. County clerk to number districts for 
use in computing taxes— Assessors' 
returns. 

§ 5. Repeal. 



An Act to provide for numbering consecutively all school districts 
in each county in the State, and for numbering school districts 
which lie in two or more counties. Approved May 10, 1901, in 
force July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all school districts shall 
be numbered consecutively in each county, beginning with number 

one, and each shall be designated as school district number , 

county of and State of Illinois, and such designa- 
tion shall be for all purposes for which school districts are now des- 
ignated by number, township and range, or otherwise; and when any 
district lies in two or more townships or ranges, or in two or more 
counties, such district, as a whole, shall have only one number in the 
consecutive list: 

§ 2. It shall be the duty of the county superintendent of schools 
to prepare a map of his county on a scale of not less than two inches 
to the mile, and to clearly indicate thereon the boundary lines of all 
school districts, as established, and to plainly number such districts 
in consecutive order; and in case of districts composed of parts of 
two or more counties, the county superintendents of such counties 
shall agree upon the number to be given such districts, which shall 
not be a duplicate of any number in either of such counties. 

§ 3. The county superintendent shall furnish to township school 
treasurers a list of districts in his township, giving the former num- 
ber of the respective districts and the consecutive number thereof, 
as made upon the map of the county, and the county superintendent 
shall be authorized to demand of the board of trustees of townships, 
certified copies of maps and records of school districts, as organized; 
and in case of discrepancies or defects in defining the boundaries of 
school districts, the county superintendent or superintendents of two 
or more counties, in case of districts in two or more counties, acting 
jointly, shall be authorized to define such boundaries to conform to 
what may appear to have been the intention of the trustees when 
such boundaries were established; and when so defined by the county 
superintendent or superintendents, acting jointly for two or more 
counties, such boundaries, so defined, shall stand until changed, as 
provided by law. 

§4. The county clerk of each county shall number the school dis- 
tricts on the maps in his office to correspond with the numbers of 
districts as established by this act, and shall use such numbers in 



118 

computing and reporting school taxes, as required by law. Assessors 
shall return their assessments of each person's assessment of personal 
property by such consecutive numbers. 

§ 5. All acts or parts of acts in conflict herewith are hereby re- 
pealed. 

PRINTING THE PROCEEDINGS *0F THE STATE TEACHERS' ASSOCIATION.. 

g 1. Secretary of State to print proceedings. I ? 3. How paid. 
'i 2. Superintendent of Public Instruction i 
to approve copy. I 

An Act to authorize the Secretary of State to print the proceedings 
of the State Teachers' Association. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly : That the Secretary of State 
is hereby authorized and empowered to have the proceedings of the 
Illinois State Teachers' Association printed and bound on the same 
terms as the proceedings of other State boards are printed, 

§ 2. It shall be the duty of the State Superintendent of Public 
Instruction to approve the manuscript of said proceedings before it 
is placed in the hands of the Secretary of State to be orinted. 

§ 3. It is hereby made the duty of the Auditor of Public Ac- 
counts to draw his warrant on the State Treasurer, to be paid out of 
the appropriation for printing, upon a voucher properly certified to 
by the board of Commissioners of State Contracts. 

Approved May 11, 1901; in force July 1, 1901. 

ISSUANCE OF BONDS. 



I 1. Proposition for bonds submitted to vote 
— Denomination of bonds— Term — 
Rate per cent — Limit. 

§ 2. Registration of bonds. 
i 3. Treasurer's record. 



§ 4. Elections— Notice of — How conducted 

i 5. ElectioQ returns— Penalty for failure to 
return poll-book. 

§ 6. Proceedings in bonded districts. 
? 7. Emergency. 



An Act to authorize certain school districts to issue bonds for cer- 
tain purposes . [Approved and in force May 10, 1901. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That for the purpose of build- 
ing or repairing school houses, or purchasing or improving school 
sites, any school district in this State existing by virtue of any special 
charter, and governed by such special charter and special or general 
laws, whose boundaries are co-extensive with the boundaries of any 
incorporated city, town or village, where authorized by a majority of 
all the votes cast at an election called for that purpose, may borrow 
money, and as evidence of such indebtedness, may issue bonds in de- 
nominations of not less than one hundred (100) dollars, nor more 
than one thousand (1,000) dollars, for a term not to exceed twenty 



S. 



114 

(20) years, bearing interest at a rate not to exceed five (5) per 
centum per annum, payable annually, semi-annually or quarterly, 
and signed by the president and secretary of the board of education 
of such school district: Provided, that the amount borrowed in any 
one year shall not exceed, including existing indebtedness, five (5) 
per centum of the taxable property of such school district, to be as- 
certained by the last assessment for State and county taxes previous 
to incurring such indebtedness. 

§ 2. All bonds authorized by virtue of this act, before being is- 
sued, negotiated and sold, shall be registered, numbered and counter- 
signed by the treasurer of such school district. Such register 
[registration] shall be made in a book provided for this purpose and 
in this register shall be entered the record of the election authorizing 
such school district to issue bonds, and a description of the bonds 
issued, including the number, date, amount, rate of interest and 
when payable. 

§ 3. All moneys, borrowed by virtue of this act, shall be paid into 
the treasury of such school district, and upon receiving such moneys, 
the treasurer shall deliver the bond or bonds issued therefor, to the 
person or persons entitled to receive the same, and shall credit the 
amount received to such school district. The treasurer shall record 
the exact amount received for each bond issued, and when any bond 
is paid the treasurer shall cancel the same, and enter in the register 
opposite the record of such bond, the words '"'paid and cancelled this 

day of , 19 .... ," filling the blanks with the date, 

month and year corresponding with the date of such payment. 

§ 4- Whenever it is desired to hold an election for the purpose of 
borrowing money, as provided by this act, the board of education of 
such school district in which such election is to be held, shall give 
at least ten (10) days' notice of the holding of such election, by post- 
ing notices in at least three public places in such district. Such . 
notices shall specify the place where such election is to be held, the 
time of opening and closing the polls, and the proposition to be 
voted on. At such election two members of the board of education 
shall act as judges and one member shall act as clerk. The judges 
and clerk shall take the oath required of judges and clerks of an 
election held for county or township officers. At such election all 
votes shall be by ballot. 

§ 5. Within ten (10) days after such election the judges shall 
cause the poll book to be returned to the treasurer of the said school 
district, with a certificate thereon showing the result of such election. 
The poll book shall be filed by the treasurer, and shall be evidence 
of such election. For a failure to return the poll book to the treas- 
urer within the time prescribed, the judges of said election shall be 
liable, severally, to a penalty of not less than twenty-five (25) dollars 
nor more than one hundred (100) dollars, to be recovered in a suit 
in the name of the People of the State of Illinois, before any justice 
of the peace, and when collected shall be added to the school fund of 
said district. 



115 

§ 6. Where any such school district has heretofore issued bonds, 
or other evidences of indebtedness, on account of any public school 
building, or for any other purpose, which are now binding and sub- 
sisting obligations against such school district and remaining out- 
standing, such school district may, upon the surrender of any such 
bonds or any part thereof, or other evidence of indebtedness, issue in 
lieu thereof, to the holder or holders of said bonds, or to any person 
or persons, for money with which to take up the same, new bonds in 
accordance with the provisions of this act: Provided, such bonds 
rshall not be issued so as to increase the aggregate indebtedness of 
such school district to exceed, including existing indebtedness, five 
(5) per centum of the taxable property of such school district, to be 
ascertained by the last assessment for the State and county taxes 
previous to incurring such indebtedness. 

§ 7. Whereas, an emergency exists, this act shall be in full force 
■and effect from and after its passage. 

[Containing: acts establishing State Normal Schools, providing for County Normal Schools 
and providing for State Scholarships in the University of Illinois.] 

ILLINOIS STATE NORMAL UNIVERSITY, NORMAL. 

An Act for the establishment and maintenance of a Normal Uni- 
versity. 

I Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That C. B. Denio, of Jo- 
Daviess county, Simeon Wright, of Lee county, Daniel Wilkins, of 
McLean county, C. E. Hovey, of Peoria county, George B. Rex, of 
Pike county, Samuel W. Moulton, of Shelby county, John Gillespie, 
of Jasper county, George Bunsen, of St. Clair county, Wesley Sloan, 
of Pope county, Ninian W. Edwards, of Sangamon county, John 
Eden, of Moultrie county, Flavel Mosley, of Cook county, William 
H. Wells, of Cook county, Albert R. Shannon, of White county, and 
the Superintendent of Public Instruction, ex-officio, with their asso- 
ciates, who shall be elected as herein provided, and their successors 
are hereby created a body corporate and politic, to be styled "The 
Board of Education of the State of Illinois," and by that name and 
style shall have perpetual succession, and have power to contract and 
be contracted with, to sue and be sued, to plead and be impleaded, to 
acquire, hold and convey real and personal property; to have and use 
a common seal, and to alter the same at pleasure; to make and estab- 
lish by-laws and alter or repeal the same as they shall deem neces- 
sary for the government of the normal university hereby authorized 
to be established, or any of its departments, officers, students or em- 
ployes, not in conflict with the constitution and laws of this State 
■or of the United States; and to have and exercise all powers, and be 
•subject to all duties usual and incident to trustees of corporations. 

§ 2. The Superintendent of Public Instruction, by virtue of his 
office, shall be a member and secretary of said board, and shall re- 
port to the Legislature at its regular sessions the condition and ex- 



116 

penditures of said normal university, and communicate such further- 
information as the said board of education or the Legislature may- 
direct. 

§ 8. No member of the board of education shall receive any com- 
pensation for attendance on the meetings of the board, except his ■ 
necessary traveling expenses, -lA^hich shall be paid in the same man- 
ner as the instructors employed in the said normal university shall 
be paid. At all the stated and other meetings of the board, calledi 
by the president or secretary, or- any five members of the board, five 
members shall constitute a quorum, provided all shall have been, 
duly notified. 

§ 4. The objects of the said normal university shall be to qualify 
teachers for the common schools of this State, by imparting instruc- 
tion in the art of teaching, and all branches of study which pertain^ 
to a common school education; in the elements of the natural) 
sciences, including agricultural chemistry, animal and vegetable 
physiology; in the fundamental laws of the United States and of the 
State of Illinois, in regard to the rights and duties of citizens, andt 
such other studies as the board of education may, from time to time, 
prescribe. 

§ 5. The board of education shall hold its first meeting at the- 
office of the Superintendent of Public Instruction, on the first Tues- 
day in May next, at which meeting they shall appoint an agent, fix- 
ing his compensation, who shall visit the cities, villages and other- 
places in the State, which may be deemed eligible for the purpose,, 
to receive donations and proposals for the establishment and main- 
tenance of the normal university. The board shall have power, and 
it shall be their duty to fix the permanent location of said normal 
university, at the place where the most favorable inducements are 
offered for that purpose: Provided, that such location shall not be 
difficult of access, or detrimental to the welfare and prosperity of 
said normal university. | 

§ 6. The board of education shall appoint a principal, lecturer 
on scientific subjects, instructors and instructresses, together with 
such other officers as shall be required in the said normal university;: 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause, after 
having given ten days' notice of any charge, which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text books, apparatus and furniture to be used in the uni- 
versity, and provide the same; and shall make all regulations neces- 
sary for its management. And the board shall have power to 
recognize auxiliary institutions when deemed practicable: Provided, 
that such auxiliary institutions shall not receive any appropriation 
from the treasury, or the seminary or university fund, 

§ 7. Each county in the State shall be entitled to gratuitous in- 
struction for one* pupil in said normal university; and each repre- 
sentative district shall be entitled to gratuitous instruction for aj 
number of pupils equal to the number of representatives in. said dis- 

* Made two by act approved February 1*» 1861. 



117 

trict, to be chosen in the following manner: The school commis- 
sioner [county superintendent] in each county shall receive and 
register the names of all applicants for admission to said normal uni- 
versity, and shall present the same to the county court, or, in counties 
acting under township organization, to the board of supervisors, 
which said county court or board of supervisors, as the case may be, 
shall, together with the school commissioner, examine all applicants 
so presented, in such a manner as the board of education may direct, 
^nd from the number of such as shall be found to possess the requi- 
site qualifications, such pupils shall be selected by lot; and in repre- 
sentative districts composed of more than one county, the school 
commissioner and the county judge, or the school commissioner and 
chairman of the board of supervisors, in counties acting under town- 
ship organization, as the case may be, of the several counties com- 
posing such representative district, shall meet at the clerk's office of 
the county court of the oldest county, and from the applicants so 
presented to the county court, or board of supervisors, of the several 
-counties represented, and found to possess the requisite qualifica- 
tions, shall select by lot the number of pupils to which said district 
is entitled. The board of education shall have discretionary power, 
if any candidate does not sign and file with the secretary of the board 
s, declaration that he or she will teach in the public schools within 
the State, in case that engagements can be secured by reasonable 
-eflPorts, to require such candidate to provide for the payment of such 
fees for tuition as the board may prescribe. 

§ 8. The interest of the university and seminary fund, or such 
part thereof as may be found necessary, shall be and is hereby ap- 
propriated for the maintenance of said normal university, and shall 
be paid on the order of the board of education from the treasury of 
the State, but in no case shall any part of the interest of said fund 
be applied to the purchase of sites, or for buildings for said uni- 
versity. 

§ 9. The board shall have power to appropriate the one thousand 
•dollars received from the Messrs. Merriam, of Springfield, Massa- 
chusetts, by the late Superintendent, to the purchase of apparatus 
for the use of the normal university, when established, and hereafter 
all gifts, grants and demises which may be made to the said normal 
university shall be applied in accordance with the wishes of the 
•donors of the same. 

§ 10. The board of corporators herein named, and their succes- 
■«ors, shall each of them hold their office for the term of six years: 
Provided, that at the first meeting of said board the said corporators 
^shall determine by lot, so that one-third shall hold their office for two 
years, one-third for four years, and one-third for six years. The 
'<xovernor, by and with the advice and consent of the Senate, shall 
£11 all vacancies which shall, at any time, occur in said board, by ap- 
pointment of suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each biennial meet- 
ing thereafter, it shall be the duty of said board to elect one of their 
inumber president, who shall serve until the next biennial meeting of 
>the board, and until his successor is elected. 



118 

§ 12. At each biennial meeting, it shall be the duty of the board 
to appoint a treasurer, who shall not be a member of the board, and 
who shall give bond with such security as the board may direct, con- 
ditioned for the faithful discharge of the duties of his office. 

§ 13. This act shall take effect on and after its passage, and be- 
published and distributed as an appendix to the school law. 

Approved February 18, 1857. 

SOUTHERN ILLINOIS NORMAL UNIVERSITY, CARBONDALE. 

An Act to establish and maintain the Southern Illinois Normal 

University. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Southern Illinois Nor- 
mal University, to have perpetual succession, with power to contract^ 
and be contracted with, to sue and be sued, to plead and be im- 
pleaded, to receive, by any legal mode of transfer or conveyance,, 
property of any description, and to have, hold and enjoy the same^ 
with the rents and profits thereof, and to sell and convey the same; 
also, to make and use a coporate seal with power to break or change 
the same, and to adopt by-laws, rules and regulations for the govern- 
ment of its members, officers, agents and employes: Provided, such 
by-laws shall not conflict with the Constitution of the United States 
or of this State. 

§ 2. The objects of the said Southern Illinois Normal University 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, in the elements of the nat- 
ural sciences, including agricultural chemistry, animal and vegetable- 
physiology, in the fundamental laws of the United States, and of the- 
State of Illinois, in regard to the rights and duties of citizens, and 
such other studies as the board of education may, from time to time,, 
prescribe. 

§ 3. The powers of the said corporation shall be vested in, and 
its duties performed by, a board of trustees, not exceeding five ia 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate- 
and, by and with the advice of the Senate, appoint five citizens of 
the State as trustees of said institution, two of whom shall serve for 
two years, and three for four years, and until their successors are ap- 
pointed and enter on duty, and successors in each class shall be ap- 
pointed in like manner for four years: Provided, that in case of a 
vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that not 
more than two members of said board shall be residents of any 
one county. 



119 

§ 5. The said trustees shall hold their first meeting at Centralia, 
within one month after the passage of this act, at which meeting 
they shall elect one of their body as president and another as secre- 
tary; and cause a regular record to be made and kept of all their pro- 
ceedings. The said board shall also, whenever his services shall be 
required, appoint a treasurer not a member of the board, who shall 
give bonds to the People of the State of Illinois in double the amount 
of the largest sum likely to come into his hands, the penalty to be 
fixed by the board, conditioned for the faithful discharge of his 
duties as treasurer, with two or more securities; the treasurer may 
also be required to execute bonds from time to time as the board 
may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, ofl&cer, agent or employ^ of the board shall be a 
party to or interested in any contract for materials, supplies or ser- 
vices other than such as pertain to their positions and duties. 

§ 8. Accounts of this institution shall be stated and settled annu- 
ally with the Auditor of Public accounts, or with such person or per- 
sons as may be designated by law for that purpose. And the trustees 
shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of all ac- 
counts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The said board shall meet quarterly at such places or place 
as may be agreed on, and, until the buildings are completed, as much 
oftener as may be necessary; and thereafter the meetings shall be at 
the university. 

§ 10. The trustees shall, as soon as practicable, advertise for pro- 
posals from localities desiring to secure the location of said normal 
university, and shall receive for not less than three months from the 
date of their first advertisement, proposals from points situated as 
hereinafter mentioned, to donate lands, buildings, bonds, moneys, or 
other valuable consideration, to the State in aid of the foundation 
and support of said university; and shall, at a time previously fixed 
by advertisement, open and examine such proposals, and locate the 
institution at such a point as shall, all things considered, offer the 
most advantageous conditions. The land shall be selected south of 
the railroad, or within six miles north of said road, passing from St. 
Louis to Terre Haute, known as the Alton and Terre Haute railroad, 
with a view of obtaining a good supply of water and other conveni- 
ences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to contract for the erection of buildings in 
which to furnish educational facilities for such number of students 
as hereinafter provided for, together with the out-houses required for 
use, also for the improvement of the land so as to make it available 



120 

for the use of the institution. The buildings shall not be more than 
two stories in height, and be constructed upon the most approved 
plan for use, shall front to the east, and shall be of sufficient capacity 
to accomodate not exceeding three hundred students, with the 
officers and necessary attendants. The outside walls to be of hewn 
stone or brick, partition walls of brick, roofs of slate, and the whole 
buildings made fire-proof, and so constructed as to be warmed in the 
most healthy and economical manner, with ample ventilation in all 
its parts. The out-houses shall be so placed and constructed as to 
avoid all danger to the main buildings from fire originating in any 
one of them. The board shall appoint an honest, competent superin- 
tendent of the buildings and improvements aforesaid, whose duty it 
shall be to be always present during the progress of the work, and 
see that every stone, brick and piece of timber used is sound and 
properly placed, and whose right it shall be to require contractors 
and their employes to conform to his directions in executing their 
contracts: Provided, however, that said board of trustees may ap- 
point any one of their number such superintendent: And, provided 
further, that the buildings aforesaid may be erected and improve- 
ments made under the direction of the board and its superintendent, 
without letting the same to contractors. 

§ 12. The said board of trustees shall appoint instructors and in- 
structresses, together with such other officers as may be required in- 
the said normal university; fix their respective salaries and prescribe 
their several duties. They shetU also have power to remove any of 
them for proper cause after having given ten days' notice of any 
charge which may be duly presented, and reasonable opportunity of 
defense. They shall also prescribe the text-books, apparatus and 
furniture to be used in the university and provide the same, and shall 
make all regulations necessary for its management. 

§ 13. All the counties shall be entitled to gratuitous instruction 
for two pupils for each county in said normal university, and each 
representative district shall be entitled to gratuitous instruction for a 
number of pupils equal to the number of representatives in said dis- 
trict, to be chosen in the following manner: The superintendent of 
schools in each county shall receive and register the names of all ap- 
plicants for admission in said normal university, and shall present 
the same to the county court, or, in counties acting under township 
organization, to the board of supervisors, which said county court or 
board of supervisors, as the case may be, shall, together with the 
superintendent of schools, examine all applicants so presented, in 
such manner as the board of trustees may direct; and from the num- 
ber of such as shall be found to possess the requisite qualifications, 
such pupils shall be selected by lot, and in representative districts 
composed of more than one county, the superintendent of schools 
and county judge, or the superintendent of schools and chairman of 
the board of supervisors in counties acting under township organiza- 
tion, as the case may be, of the several counties composing such rep- 
resentative district, shall meet at the clerk's office of the county 
court of the oldest count}'^, and from the applicants so presented to 



121 

ihe county court or board of supervisors of the several counties rep- 
resented, and found to possess the requisite qualifications, shall se- 
lect by lot the number of pupils to which said district is entitled. 
The board of trustees shall have discretionary power, if any candi- 
date does not sign and file with the secretary of the board a declara- 
tion that he or sbe will teach in the public schools within the State 
not less than three years, in case that engagements can be secured by 
reasonable efforts, to require [the] candidate to provide for the pay- 
ment of such fees for tuition as the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, and to supply the necessary furniture for the same, 
the sum of seventy-five thousand dollars is hereby appropriated out 
of the State treasury, payable on the orders of said board, as required 
for use, in sums not exceeding ten thousand dollars per month. The 
first payment to be made on the first day of June next, and subse- 
quent payments monthly thereafter, but each successive order for 
subsequent payments shall be accompanied by an account sustained 
by vouchers, showing, to the satisfaction of the Auditor, the expen- 
diture of the previous payment. 

§ 15. The expense of building, improving, repairing and supply- 
ing fuel and furniture, and the salaries or compensation of the trus- 
tees, superintendent, assistants, agents and employes, shall be a 
charge upon the State treasury; all other expenses shall be charge- 
able against pupils, and the trustees shall regulate the charges ac- 
cordingly. 

§16. If the buildings and improvements herein provided for 
•shall be ready for the reception of pupils before the next regular 
•session of the General Assembly, the Governor is authorized to make 
orders on the Auditor, directing him to issue warrants at the end of 
each quarter of the fiscal year for amounts sufficient to pay the ex- 
ipenses chargeable against the State, and the Auditor shall issue war- 
rants accordingly, which shall be paid by the Treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
ihis warrant quarterly, upon taking the affidavit of the trustees as to 
'the actual time employed, and their personal and traveling expenses. 

§ 18. This act shall take effect and be in force from and after its 
passage. 

Approved March 9, 1869. 

EASTERN ILLINOIS STATE NORMAL SCHOOL, CHARLESTON. 

An [Act] To establish and maintain the Eastern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That a body politic and 
-corporate is hereby created, by the name of the Eastern Illinois 
'State Normal School, to have perpetual succession with power to 



122 

contract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or [of] transfer or conveyance 
property of any description, and to have and hold and enjoy the 
same; also to make and use a corporate seal with power to break or 
change the same, and adopt by-laws, rules and regulations for the 
government of its members, official agents and employes: Provided, 
such by-laws shall not conflict with the Constitution of the United 
States or of this State. 

§ 2. The object of the said Eastern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education; in the elements of the 
natural and of the physical sciences; in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights and 
duties of citizens. 

§ 3. The powers of the said corporations shall be vested [in] and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, shall appoint five citizens 
who shall be residents of the State of Illinois, as trustees of said in- 
stitution, two of whom shall serve for two years and three for four 
years, and until their successors are appointed and enter on duty; 
and successors in each class shall be appointed in a like manner for 
four years: Provided, that in case of a vacancy by death or other- 
wise, the Governor shall appoint a successor for the remainder of the 
term vacated: Provided, that no two members of said board shall be 
residents of any one county. The Superintendent of Public Instruc- 
tion shall be a trustee of said school, ex-officio. [As amended by act 
approved Feb. 18, 1897.] 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body as president and another 
as secretary, and cause a regular record to be made and kept of all 
their proceedings. The said board shall also, whenever his services 
shall be required, appoint a treasurer, not a member of the board, 
who shall give bonds to the People of the State of Illinois in double 
the amount of the largest sum likely to come into his hands, the 
penalty to be fixed by the board, conditioned for the faithful dis- 
charge of his duties as treasurer, with two or more securities; the 
treasurer may also be required to execute bonds from time to time as- 
the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys; 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employ^ of the board shall be a 
party to, or interested in, any contract for materials or supplies. 



123 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that purpose. And the 
trustees shall, ten days previous to each regular session of the Gen- 
eral Assembly, submit to the Governor a report of all their actions 
and proceedings in the execution of their trust, with a statement of 
all accounts connected therewith, to be by the Governor laid before- 
the General Assembly. 

§ 9, The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as much 
oftener as may be necessary, and thereafter the meetings shall be at 
the school. 

§ 10. The trustees shall, as soon as practicable after their ap- 
pointment, arrange to receive from the localities desiring to secure 
the location of said school, proposals for donation of a site, of not 
less than forty acres of ground, and other valuable considerations,, 
and shall locate the same in the place offering the most advantageous 
conditions, all things considered, in that portion of the State lying 
north of the Baltimore & Ohio Southwestern Railroad, and south of 
the Wabash Railway, and east of the main line of the Illinois Cen- 
tral Railroad, and the counties through which said roads run, with a 
view of obtaining a good water supply and other conveniences for 
the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to secure plans, and to contract for the erec- 
tion of buildings in which to furnish educational facilities for such 
number of students as hereinafter provided for, together with the 
out- houses required for use; also for the improvement of the land so 
as to make it available for the use of the institution. The buildings^ 
shall not be more than two stories in height, and be constructed upon 
the most approved plans for use, and shall be of sufficient capacity 
to accommodate not less than one thousand students, with the offi- 
cers and necessary attendants. The outside walls to be of hewn 
stone or brick, partition walls of brick, or equally good fire-proof 
material; roof of slate, and the whole building made fire-resisting,, 
and so constructed as to be warmed in the most healthful and eco- 
nomical manner, with ample ventilation in all its parts. The out- 
houses shall be so placed and constructed as to avoid all danger to 
the main buildings from fire originating in any one of them. The 
board shall appoint a trustworthy and competent superintendent of 
the buildings and improvements aforesaid, whose duty it shall be to 
be always present during the progress of the work, and see that every 
brick, stone or piece of timber used is sound and properly placed,, 
and whose right it shall be to require contractors and their employes 
to conform to his directions in executing their contracts: Provided, 
however, that said board of trustees shall not appoint any one of 
their number such superintendent: And, provided further, that 
the buildings aforesaid may be erected and improvements made un- 
der the direction of the board and superintendent, without letting: 
the same to contractors. 



124 

'§ 12. The said board of tmstees shall appoint instructors, together 
-with such other officers as may be required in the said normal schools, 
.fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause after 
having given ten days' notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text- books, apparatus and furniture to be used in the 
school, and provide the same, and shall make all regulations neces- 
sary for this management. 

§ 13. All the counties of the State shall be entitled to gratuitous 
instruction for two pupils for each county in said normal school, and 
each representative district shall be entitled to gratuitous instruction 
for a number of pupils equal to the number of representatives in 
said district, to be chosen in the following manner: The superin- 
tendent of schools in each county shall receive and register the 
names of all applicants for admission in said normal school, and 
shall present the same to the county court, or in counties acting under 
township organization, to the board of supervisors, as the case may 
he, shall, together with the superintendent of schools, examine all 
applicants so presented, in such manner as the board of trustees may 
direct; and from the number of such as shall be found to possess the 
requisite qualifications, such pupils shall be selected by lot ; and in 
representative districts composed of more than one county, the su- 
perintendent of schools and county judge, or the superintendent of 
vschools and the chairman of the board of supervisors in counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district, shall meet at 
the clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to possess the 
requisite qualifications, shall select by lot the pupils to which said 
district is entitled. The board of trustees shall have discretionary 
power, if any candidate does not sign and file with the secretary of 
the board a declaration that he or she will teach in the public schools 
within the State not less than three years, in case that engagements 
■can be secured by reasonable efforts, to require the candidate to pro- 
vide for the payment of such fees for tuition, as the board may pre- 
scribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, to supply the necessary furniture for the same, and 
for the first year's instruction, the sum of fifty thousand dollars is 
hereby appropriated out of the State treasury, payable on the orders 
of said board, as required for use, in sums not exceeding ten thous- 
and dollars per month; the first payment to be made on the first day 
of July, 1896, and subsequent payments shall be accompanied by an 
account, sustained by vouchers, showing to the satisfaction of the 
Auditor and with the approval of the Governor, the expenditure of 
the previous payment. 

§ 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, and the necessary appliances and appara- 



125. 

tus for conducting said school, and the salaries or compensation of" 
the trustees, superintendent, assistants, agents and employes, shall be 
a charge ubon the State treasury; all other expenses shall be charge-, 
able against pupils and the trustees shall regulate the charges accord- 
ingly. 

§ 16. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to make 
orders on the Auditor, directing him to issue warrants at the end of 
each quarter of the fiscal year for amounts sufficient to pay expenses 
chargeable against the State out of the above named appropriation of 
fifty thousand dollars, and the Auditor shall issue warrants accord- 
ingly, which shall be paid by the Treasurer. 

§ 17. The trustees of the institution shall receive their personal 
and traveling expenses, and the Auditor is hersby authorized to issue 
warrants quarterly, upon taking the affidavit of the trustees as to the 
actual time employed, and their personal and traveling expenses. 

Approved May 22, 1895. 

NORTHERN ILLINOIS STATE NORMAL SCHOOL, DEKALB. 

An Act to establish and maintain the Northern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That a body politic and cor- 
porate is hereby created, by the name of the Northern Illinois State 
Normal School, to have perpetual succession, with power to contract 
and be contracted with, to sue and be sued, to plead and be im- 
pleaded, to receive by any legal mode or [of] transfer or conveyance 
property of any description, and to have and hold and enjoy the 
same; also to make and use a corporate seal with power to break or 
change the same, and adopt by-laws, rules and regulations for the 
government of its members, official agents and employes: Provided, 
such by-laws shall not conflict with the Constitution of the United' 
States or of this State. 

§ 2. The object of the said Northern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, in the elements of the 
natural and of the physical sciences, in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights and 
duties of citizens. 

§ 3. The powers of the said corporation shall be vested [in,] and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate, 
and by and with the advice of the Senate, appoint five citizens of the 
State as trustees of said institution, two of whom shall serve for two ■ 
years, and three for four years, and until their successors are ap- 



126 

pointed and enter on duty, and successors in each class shall be ap- 
pointed in like manner for four years: Provided, that in case of a 
vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that no two 
members of said board shall be residents of any one county, or in one 
congressional district. The Superintendent of Public Instruction 
shall be a trustee of this school, ex-officio. 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into 

effect, at which meeting they shall elect one of their body as presi- 
dent and another as secretary, and cause a regular record to be made 
and kept of all their proceedings. The said board shall also, when- 
ever his services shall be required, appoint a treasurer, not a member 
of the board, who shall give bonds to the People of the State of Illi- 
nois in double the amount of the largeit sum likely to come into his 
hands, the penalty to be fixed by the board, conditioned for the faith- 
ful discharge of his duties as treasurer, with two or more securities; 
the treasurer may also be required to excute bonds from time to time 
as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer,agent or employ 6 of the board shall be a 
party to, or interested in any contract for materials or supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Tublic Accounts, or with such person or 
persons as may be designated by law for that purpose. And the trus- 
tees shall, ten days previous to each regular session of the General 
Assembly, submit to the Governor a report of all their actions and 
* proceedings in the execution of their trust, with a statement of all 
accounts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as much 
of tener as may be necessary, and thereafter the meetings shall be at 
the school, 

§ 10. The trustees shall, as soon as practicable after their appoint- 
ment, arrange to receive from the localities desiring to secure the 
location of said school, proposals for the donation of a site, of not 
less than forty acres of ground, and other valuable considerations, 
and shall locate the same in the place offering the most advantageous 
conditions, all things considered, as nearly central as possible in that 
portion of the State lying north of the main line of the 0. R. I. & P. 
R. R.., with a view of obtaining a good water supply and other con- 
veniences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to secure plans and to contract for the erection 
of buildings in which to furnish educational facilities for such num- 



127 

ber of studen4;s as hereinafter provided for, together with the out- 
houses required for use, also for the improvement of the land so as 
to make it available for the use of the institution, The building shall 
not be more than two stories in height, and' be constructed upon the 
most approved plan for use, and shall be of sufficient capacity to ac- 
commodate not lesti than one thousand students, with the officers and 
necessary attendants. The outside walls to be of hewn stone or 
brick; partition walls of brick, or equally good fire-proof rhaterial; 
roof of slate, and the whole buildings made fire-resisting, and so con- 
structed as to be warmed in the most healthful and economical man- 
ner, with ample ventilation in all its parts. The outhouses shall be 
so placed and constructed as to avoid all danger to the main build- 
ings from fire originating in any one of them. The board shall ap- 
point a trustworthy and competent superintendent of the buildings 
and improvements aforesaid, whose duty it shall be to be always pres- 
ent during the progress of the work and see that every brick, stone 
and piece of timber used is sound and properly placed, and whose 
right it shall be to require contractors and their employes to conform 
to his directions in executing their contracts: Provided, however, 
that said board of trustees shall not appoint any one of their number 
such superintendent: And, provided further, that the buildings 
aforesaid may be erected and improvements made under the direction 
of the board and superintendent without letting the same to contrac- 
tors. 

§ 12. The said board of trustees shall appoint instructors, together 
with such other officers as may be required in thesaid normal schools, 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause after 
having given ten days notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text books, apparatus and furniture to be used in the school 
and provide the same, and shall make all regulations necessary for 
this management. 

§ 13. All the counties of the State shall be entitled to gratuitous 
instruction for two pupils for each county in said normal school, and 
each representative district shall be entitled to gratuitous instruc- 
tion for a number of pupils equal to the number of representatives in 
said district, to be chosen in the following manner: The superin- 
tendent of schools in each county shall receive and register the 
names of all applicants for admission in said normal school, and shall 
present the same to the county court, or in the counties acting under 
township organization, to the board of supervisors, as the case may 
be, shall, together with the superintendent of schools, examine all 
applicants so presented, in such manner as the board of trustees may 
direct, and from the number of such shall be found to possess the 
requisite qualifications, such pupils shall be selected by lot, and in 
representative districts composed of more than one county, the super- 
intendent of schools and county judge, or the superintendent of 
schools and the chairman of the board of supervisors in the counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district shall meet at 



128 

the clerk's office of the county court of the oldest county, anl from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to possess the 
requisite qualifications, shall select by lot the pupils to which said 
district is entitled. The board of trustees shall have discretionary 
power, if any candidate does not sign and file with the secretary of 
the board a declaration that he or she will teach in the public schools 
within the State not less than three years, in case that engagements 
can be secured by reasonable efforts, to require the candidate to pro- 
vide for the payment of such fees for tuition as the board may 
prescribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in said 
institution, to supply the necessary furniture for the same, and for 
the first year's instruction, the sum of fifty thousand dollars is hereby 
appropriated out of the State treasury, payable on the orders of 
said board, as required for use, in sums not exceeding ten thousand 
dollars per month, the first payment to be made on the first day of 
July, 1896, and subsequent payments shall be accompanied by an 
account, sustained by vouchers, showing to the satisfaction of the 
Auditor the expenditure of the previous payment, and approved by 
the Governor. 

§ 15. The expense of the building, improving, repairing and 
supplying fuel and furniture, and the necessary appliances and ap- 
paratus for conducting said school, and the salaries or compensation 
of the trustees, superintendent, assistants, agents and employes, shall 
be a charge upon the State treasury; all other expenses shall be 
chargeable against pupils, and the trustees shall regulate the charges 
accordingly. 

§ 16. If the buildings and improvements herein provided for shall 
be ready for the reception of pupils before the next regular session of 
the General Assembly, the Governor is authorized to make orders on 
the Auditor, directing him to issue warrants at the end of each quar- 
ter of the fiscal year for amounts sufficient to pay expenses charge- 
able against the State out of the above named appropriation of fifty 
thousand dollars, and the Auditor shall issue warrants accordingly, 
which shall be paid by the treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to 
issue warrants quarterly, upon taking the affidavit of the trustees 
as to the actual time employed, and their personal and traveling 
expenses. 

Approved May 22, 1»95. 

WESTERN ILLINOIS STATE NORMAL SCHOOL. 

An Act to establish and maintain the Western Illinois State Nor- 
mal School. 

Section 1. Be it eiiaded by the People of the Sta e of Illinois, 
represented in the General Assembly: That a body politic and 



129 

corporate is hereby created, by the name of the Western Illinoig 
State Normal School, to have perpetual succession, with power to 
contract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or [of] transfer or conveyance. 
property of any description, and to have and hold and enjoy the 
same; also, to make and use a corporate seal, with power to break or 
change the same; to adopt by-laws, rules and regulations for the 
government of its members, otficial agents and employes: Provided, 
such by-laws shall not conflict with the constitution of the United 
States or of this State. 

§ 2. The object of the said Western Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, and such other studies 
as the board of trustees may from time to time prescribe. 

§ 3. The powers of the said corporation shall be vested in, and 
its duties performed by, a board of trustees not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act the Grovernor shall nominate, 
and by and with the advice of the Senate appoint, five citizens of the 
State as trustees of said institution, two of whom shall serve for two 
years, and three for four years, and until their successors are ap- 
pointed and enter on duty; and successors in each class shall be 
appointed in like manner for four years: Provided, however, that 
in case of a vacancy by death or otherwise, the Governor shall ap- 
point a successor for the remainder of the term vacated: And, pro- 
vided further, that no two members of said board of trustees shall 
be residents of anyone county. The superintendent of public in- 
struction shall be a trustee of said school, ex-officio. 

§ 5. The board of trustees shall hold their first meeting at ^ 

within one month from the time this act goes into effect, at 

which meeting they shall elect one of their body president, another 
secretary, and cause a regular record to be made and kept of all their 
proceedings. The board of trustees shall also appoint a treasurer, 
not a member of said board, who shall give bonds to the people of 
the State of Illinois in double the amount of the largest sum likely 
to come into his hands, the penalty to be fixed by the board of trus- 
tees, conditioned for the faithful discharge of his duties as treasurer, 
with two or more persons as securities. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer or agent of the board of trustees shall be 
a party to or interested in any contract for materials and supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts. The board of trustees 
shall, ten days previous to each regular session of the General As- 

—9 S. 



130 

sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of all ac- 
counts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The board of trustees shall meet quarterly at such place or 
places as may be agreed on, and, until the building is completed, as 
much oftener as may be necessary, but thereafter the meetings shall 
be at the school. 

§ 10, The board of trustees shall, as soon as practicable after 
their appointment, arrange to receive from the localities desiring to 
secure the location of said school, proposals for donation of a suita- 
ble site and other valuable considerations, and shall locate the same 
in the place ofPering the most advantageous conditions, all things 
considered, as nearly central as possible in that portion of the State 
lying west of the fourth principal meridian, in what is known as the 
"military tract," with a view of obtaining a good water supply and 
other conveniences for the use of said institution. 

§ 11. Upon the selection and securing of the land aforesaid the 
board of trustees shall proceed to secure plans and to contract for 
the erection of a building in which to furnish educational facilities 
for such number of students as hereinafter provided for; also for the 
improvement of the land, so as to make it available for the use of the 
institution. The building shall be constructed upon the most ap- 
proved plans for use, and shall be of sufficient capacity to accommo- 
date not fewer than five hundred students, with the officers and 
necessary attendants. The outside walls to be of stone or brick, par- 
tition walls of brick, and the entire building made fire-resisting and 
so constructed as to be warmed in the most healthful and economical 
manner, with ample ventilation in all its parts. Said plans shall be 
accompanied by specifications and an itemized statement of the 
amount required for the erection and completion of the building in 
accordance therewith ; but no plans or specifications shall be adopted 
by the board of trustees until the same shall have been submitted to 
and approved by the Governor. 

The board of trustees shall appoint a competent and trustworthy 
superintendent of the building and improvements aforesaid, whose 
duty it shall be to be present during the progress of the work and to 
see that every brick, stone and piece of timber used is sound and 
properly placed, and whose right it shall be to require contractors 
and their employes to conform to his directions in executing their 
contracts: Provided, however, that said board of trustees shall not 
appoint any one of its number such superintendent: And, provided 
further, that the building aforesaid may be erected and the improve- 
ments made under the direction of the board of trustees and superin- 
tendent without letting the same to contractors. 

§ 12. The board of trustees shall appoint instructors and such 
officers as may be required in said school, fix their respective salaries, 
prescribe their several duties, and shall have power to remove any of 
them for proper cause. 



131 

It shall prescribe the text books, apparatus and furniture to be 
-used in said school, and provide the same, and shall make all rules 
and regulations necessary for its management. 

§ 13. Each county in the State shall be entitled to gratuitous in- 
struction for one pupil in said school, to be chosen in the following 
manner: The superintendent of schools in each county shall re- 
■ceive and register the names of all applicants for admission to said 
school, and shall examine said applicants at such time and in such 
manner as the board of trustees may direct, and the applicant found 
io possess the highest qualifications shall be accepted as the pupil to 
which said county is entitled. The board of trustees shall have the 
power, if such pupil does not sign and file with the secretary of the 
board of trustees a declaration that he or she will teach in the public 
schools within this State not fewer than three years, in case that en- 
gagements can be secured b}? reasonable efforts, to require said pupil 
to provide for the payment of such fees for tuition as the board of 
trustees may prescribe. 

§. 14. To enable the board of trustees to erect said building, to 
supply the necessary furniture for the same, to improve said land 
and for the first year's instruction, the sum of seventy-five thousand 
dollars is hereby appropriated out of the State treasury, payable on 
the orders of said board of trustees as required for use, in sums not 
to exceed ten thousand dollars per month, the first payment to be 
made on the first day of July, 1900, and subsequent payments shall 
be accompanied by an account, sustained by vouchers, showing to the 
■satisfaction of the Auditor, and with the approval of the Governor, 
the expenditure of the previous payment. 

§. 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, the necessary apparatus for conducting 
said school, the salaries or compensation of the trustees, superintend- 
ents, assistants, agents and employes shall be a charge upon the 
State treasury; all other expenses shall be chargeable against the 
pupils of said school, and the board of trustees shall regulate the 
charges accordingly. 

§ 16. The trustees of said school shall receive only their personal 
and traveling expenses, and the Auditor is hereby authorized to is- 
sue warrants quarterly, upon presentation of itemized statements of 
such accounts by said trustees, verified by affidavits, as to their actual 
personal and traveling expenses. 

Approved April 24, 1899. 

COUNTY NORMAL SCHOOLS. 

An Act to enable counties to establish county normal schools. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in each county adopt- 
ing township organization, the board of supervisors, and in other 
counties the county court, may establish a county normal school for 
the purpose of fitting teachers for the common schools. That they 
shall be authorized to levy taxes and appropriate moneys for the sup- 



1S2 

port of said schools, and also for the purchase of necessary grounds 
and buildings, furniture, apparatus, etc., and to hold and acquire, by 
gift or purchase, either from individuals or corporations, any real 
estate, buildings or other property, for the use of said schools, said 
taxes to be levied and collected as all other county taxes : Provided, 
that in counties not under township organization, county courts shall 
not be authorized to proceed under the provisions of this act until 
the subject shall have been submitted to a vote of the people, at a 
general election, and it shall appear that a majority of all the votes 
cast on the subject, at said election, shall be in favor of the establish- 
ment of a county normal school. The ballots used in voting on this 
subject may read: "For a county normal school," or "Against a county 
normal school." 

§ 2. The management and control of said school shall be in a 
county board of education, consisting of not less than five or more 
than eight persons, of which board the chairman of the board of 
supervisors, or the judge of the county court, as the case may be, and 
the county superintendent of schools, shall be ex-officio members. 
The other members shall be chosen by the board of supervisors or 
county court, and shall hold their offices for the term of three years. 
But at the first election one-third shall be chosen for one year, one- 
third for two years, and one-third for three years, and thereafter one- 
third shall be elected annually. Said elections shall be held at the 
annual meeting of the board of supervisors in September, or at the 
September term of the county court, as the case may be. 

§ 3. Said board of education shall have power to hire teachers, 
and to make and enforce all needful rules and regulations for the 
management of said schools. A majority of said board shall consti- 
tute a quorum for the transaction of business, and a meeting of said 
board may be called at any time by the president or secretary, or by 
any three of the members thereof. Said board shall proceed, to or- 
ganize within twenty days after their appointment, by electing a 
president, who shall hold his office for one year, and until his succes- 
sor shall be appointed. The county superintendent shall be, ex- 
officio, secretary of the board. Said board shall make to the board 
of supervisors at their annual meeting in September, or to the county 
court at the September term, as the case may be, a full report of 
the condition and expenditures of said county normal school, to- 
gether with an estimate of the expenses of said school for the ensuing 
year. 

§ 4. Two or more counties may unite in establishing a normal 
school, in which case the per cent of tax levied for the support of 
said school shall be the same in each county. 

§ 5. In all counties that have already established normal schools, 
the action of the Board of Supervisors in so doing, and all appropria- 
tions made by them for their support, are hereby legalized, and said 
board of supervisors are hereby authorized and empowered to make 
further appropriations for the support of such school already estab- 
lished, until such schools have been established under the previous, 
sections of this act. 



133 

§ 6. No member of the aforesaid county board of education shall 
foe entitled to compensation for services rendered as a member of 
such board. 

§ 7. This act shall be in force from and after its passage. 

Approved March 15, 1869. 

THE ILLINOIS UNIVERSITY. 

An Act to provide for State scholarships in the University of Illi- 
nois, and the manner of awarding the same. Approved June 24. 
1895; in force July 1, 1895. 

Section 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly : That to equalize the advan- 
tages of the University of Illinois to all parts of the State, there 
shall be awarded annually, as hereinafter provided, to each county 
of the State one State scholarship, which shall entitle the holder 
thereof, who shall be a resident of the senatorial district to which he 
is accredited, to instruction in any or all departments of said Univer- 
sity of Illinois for a term of four years, free from any charge for 
tuition or any incidental charge, unless such incidental charges shall 
have been made for materials used or for damages needlessly done to 
property of the University: Provided, that in counties having two 
or more senatorial districts, there shall be awarded annually one ad- 
ditional scholarship for each of said senatorial districts. 

§ 2, A competitive examination under the direction of the Super- 
intendent of Public Instruction shall be held at the county court 
house in each county of the State upon the first Saturday of June 
in each and every year by the county superintendent of schools, upon 
such branches of study as said Superintendent of Public Instruction 
and the President of said University may deem best. 

§ 8. Questions for such examinations shall be prepared and fur- 
nished by the President of the University to the Superintendent of 
Public Instruction, who shall attend to the printing and distribution 
thereof to the several county superintendents of schools prior to 
such examinations. 

§ 4. In case any candidate who shall be awarded a scholarship 
shall fail to pass the entrance examination to the University, or shall 
fail to claim the privileges of such scholarship, or, having claimed 
the privileges, shall be expelled, or for any reason shall abandon his 
right to, or vacate, such scholarship, either before or after entering 
thereupon, then the candidate certified to be next entitled in the 
same county shall become entitled to the same. In case any scholar- 
ship belonging to any county shall not be claimed by any candidate 
resident in that county, the Superintendent of Public Instruction 
may fill the same by appointing some candidate first entitled to a 
vacancy in some other county, after notice has been served upon the 
county superintendent of said first mentioned county. 

§ 5. The county superintendent shall, within ten days after such 
examination, make and file in the office of the Superintendent of 



134 

Public Instruction certificates, in which they shall name all the can- 
didates examined, and specify the order of their excellence; and such 
candidates shall, in the order of their excellence, become entitled to 
the scholarship belonging to their respective counties. The examin- 
ation papers handed in by each candidate shall also be filed with the 
certificate of examination. 

^ § 6. Candidates to be eligible to said scholarship, shall be at least 
sixteen years of age, and shall have been 6owa ^de residents of their 
respective counties for at least one year immediately preceding thee 
examination. 

§ 7. Any student holding a State scholarship, and who shall make- 
it appear to the satisfaction of the President of the University that 
he requires leave of absence for the purpose of earning f u*nd& tO' de>- 
fray his expenses while in attendance, may, in the discretion of thie> 
President, be granted such a leave of absence, and may be allowed a 
period not exceeding six years from commemcement thereof for the- 
completion of his course at said University. 

§ 8. Notice of the time and place of the examination shall be- 
given in the schools having pupils eligible thereto prior to the first 
day of January in each year. The Superintendent of Public In- 
struction shall attend the giving of the notices hereinbefore provided 
for. He may, in his discretion, direct that the examination in any 
county may be held at some other time and place than that herein- 
before specified. He shall keep full records in his department of the- 
reports of the different examiners, showing the age, postoffice address 
and standing of each candidate, and shall notify candidates of their 
rights under this act. He is hereby charged with the general super- 
vision and direction of all matters in connection with the filing of 
such scholarships. He shall determine any controversy which may- 
arise under this act. 

§ 9. Students enjoying the privileges of State scholarships shall,, 
in common with other students of said University, be subject to all' 
the examinations, rules and requirements of the board of trustees 
and faculty, except as herein provided. 

§ 10. Nothing herein contained shall be construed to prevent the 
board of trustees of said University from granting such other free 
scholarships as in their discretion may be deemed best. 



135 



SOME INTERPRETATIONS OF THE ILLINOIS SCHOOL 

LAW. 



In Accordance with the Decisions of the Courts and Opinions 
OF the Department of Public Instruction. 

APPEALS. 

When petitions are presented for the formation of school districts 
out of territory belonging to several townships, each board of trus- 
tees must act on the petition. If one board refuses to grant it, the 
petitioners may appeal from the action of that board. An appeal 
must be taken from each board that refuses to grant the petition. 

Pending an appeal, the children of parents residing in detached 
territory may attend school in the district to which they have been 
annexed by the trustees. 

The failure of the township treasurer to send all the papers in the 
case, which the law directs him to send to the county superintendent 
of schools, in the time specified, does not defeat the appeal. The 
trustees or the county superintendent, on hearing of such neglect, 
should order that the papers be forwarded. Bateman's Decisions re- 
vised by Pillsbury, page 86, 

BOARD OF directors — POWERS AND DUTIES. 

To be eligible to the office of school director a person, either male 
or female, must be at least twenty-one years of age, able to read and 
write in the English language, a resident of the district; and such 
person must be a citizen of the United States and must have been a 
resident of the State at least one year. 

The law declares that no person is eligible to the office of school 
director and township trustee at the same time; but, if a school di- 
rector is elected to the office of township trustee, he may resign his 
directorship and assume the duties of the other office. 

A director can not delegate to another person the power to act as 
director. 

When a school director moves out of the district, and is no longer 
a legal resident of it, he vacates the office of director, and the re- 
maining members of the board, without delay, should call an elec- 
tion to fill the vacancy. 



136 

A bookseller may be elected as a school director, or as a member 
of a board of education; but, when he is elected, and accepts the 
office, and while he remains in such office, he can not, lawfully sell 
school books or apparatus to pupils of his district. Both the consti- 
tution and the statutes of this State forbid any school officer to be 
interested in the sale of any books or apparatus to be used in the 
schools with which he is connected. 

When the president of the board refuses to act as president, the 
other members may elect a presiding officer. 

When two directors resign, the remaining director, legally, can call 
an election to fill the vacancy, and it is his duty to do so. 

The law requires that directors shall be the judges of district elec- 
tions. Therefore, it is legal for a director to serve as judge, although 
he may be a candidate for re-election. 

The law provides that all official business of the school district 
shall be transacted at a meeting of the board of directors. When 
board meetings are called, all members should receive due notice 
thereof. 

Prior to the April election, a board of directors can not employ a 
teacher for a time extending beyond the end of the current school 
year. 

Boards of directors have no right to build an addition to a school 
house without a vote of the people. 

A board of directors does not have the right to purchase, build or 
move a school house without a vote of the people. It is necessary, 
therefore, to vote on the proposition to build before directors can 
lawfully appropriate funds for building purposes. 

The board of directors can not, without a special agreement to 
that effect, legally compel a teacher to dismiss school for any period 
of time and to lose that time. 

When school is dismissed by order of the district board, on account 
of contagious disease or other cause, the teacher is not required to 
lose the time, provided he holds himself in readiness during such 
vacation to perform his duties as teacher. 

A board of directors has the right to determine what branches 
shall be taught in its schools. It can not, however, require teachers 
to teach branches not mentioned in the law, unless such branches 
are designated at the time the contract is made with the teacher. 

A board of directors, in making a contract with a teacher, should 
not require such teacher to forfeit his right to attend institutes held 
under the direction of the county superintendent. The law plainly 
provides that it is the duty of school directors to allow teachers to 
dismiss their schools on institute days, provided that not more than 
five such days shall be so taken during the year, and not more than 
three days during any one term. 

The control and supervision of the school house is given to the 
board of directors, and the board may grant the temporary use of it, 
when such does not interfere with the work of the school, to re- 



187 

sponsible persons, "for religious meetings and Sunday schools, for 
^evening schools and literary societies, and for such other meetings 
■as the directors may deem proper." Those granted the use of the 
school house should be required to leave it in as good condition as 
•they find it. 

There is no provision of law whereby any part of the school funds 
may be paid to a director for services or expenses, except that a 
reasonable sum may be paid to the clerk for services actually per- 
formed as clerk. 

The authority to decide all matters of residence is vested in school 
boards. 

BOARD OF EDUCATION — POWEES AND DUTIES. 

Section 2, article VI, of the school law provides that when a dis- 
trict contains one thousand inhabitants, there shall be elected a 
Tjoard of education to consist of a president and six members. This 
is a mandatory provision. Whenever it is conclusively shown that 
a district contains the required population, it is the duty of the di- 
rectors to call an election for a full board of education, to be held on 
the third Saturday in April first following. 

When the district contains eleven thousand inhabitants, there 
should be elected a board to consist of nine members and a president, 
and when it contains twenty-one thousand inhabitants, it should 
elect a board to consist of twelve members and a president, at the 
regular annual school election in April, and so on until the board 
consists of fifteen members and a president. 

The requirements of eligibility to the office of member of a board 
of education are the same as those specified for a school director. 

Whenever a change is made from a board of directors to a board 
of education, an election must be called for six members and a presi- 
dent. The directors are not entitled to hold over as members of the 
new board, but they are eligible to membership in the new board, by 
election. 

The school law provides that a board of education may select a sec- 
retary, but it does not require that he be selected from among the 
members of the board. The board may, therefore, select one of its 
number, or it may select a competent person who is not a member of 
the board to act as secretary. 

As the president of the board of education is not to vote, except in 
case of a tie, a working quorum of the board consists of a majority 
of the members of it, without counting the president in such ma- 
jority. 

The restraints, powers and duties of a board of education are simi- 
lar to those of a board of directors, except that its powers are ex- 
tended respecting the lengthening of the annual term of school, the 
employment of a superintendent, the examination of teachers, etc. 



138 



BONDS. 



Custom requires that an official bond be given for double the- 
amount of property valuation which the officer at any time may have- 
in his possession. The board of trustees, or the county superintend- 
ent of schools may require the township treasurer to give a new bond 
whenever it is deemed necessary. 

A guarantee or surety company doing business in the State may 
legally become surety on the official bond of a township treasurer or 
other school officer. 

The fees for recording township treasurer's bonds should be paid 
by the county superintendent and charged up to expense account of 
his office to be met by the county board. 

The provision of the law limiting the bonded indebtedness of a 
district to five per cent of its assessed valuation, is a constitutional 
one. While the district should not at any time pass that limit, it has 
the power, in addition thereto, to levy a tax of two and one-half per 
cent for general school purposes, and two and one-half per cent for 
building purposes, when a vote has been taken authorizing the board 
to build. 

CALENDAR MONTH. 

When another month is not specified in the contract with the 
teacher, the law defines the school month to be the calendar month. 
The law is not mandatory, so far as to take away the right and power 
of school officers and teachers to make a contract by the day, or week, 
or for a month or four weeks. When teaching by the calendar 
month, if the teacher begins with any date of a given month, his 
month of teaching includes all the school days until the same date of 
the succeeding month. The same rule is easily applied to a term of 
several months. When days are lost by the teacher, they can be 
made up after the expiration of the month or term, on actual school 
days, by consent of the school board. 

CERTIFICATES. 

The certificates of the State are of two kinds, one valid for life and 
the other for five years. These can be obtained, now, only on an ex- 
amination under conditions prescribed by the State Superintendent 
of Public Instruction and the presidents of the State universities 
and State Normal schools. No provision is made for renewing the 
State certificate, for granting it on possession of a diploma, or for en- 
dorsing the certificate of another state. 

The county certificate is of two kinds, which are known as first 
grade and second grade certificates. These can be renewed by the- 
endorsement of the county superintendent of schools. The longest 
period for which one can be given is two years, and the shortest is> 
one year. 



139 

Every kindergarten teacher connected with the public schools must 
have a certificate as provided by law, certifying that the holder 
thereof has been examined upon kindergarten principles, and is com- 
petent to teach the same. 

Every teacher of a class for the deaf in the public schools must 
have received specific instruction in the teaching of the deaf for a 
term of not less than one year, and must have a certificate, as pro- 
vided by law. 

No teacher, lawfully, can be paid public funds for teaching, evea 
though he be an assistant or substitute teacher, unless he holds, dur- 
ing the time of his teaching, a license to teach given by a lawful 
authority. 

CORPORAL PUNISHMENT. 

"Certain it is that castigation with the rod is often less cruel thaa 
sharp words, tones of irony, sarcasm or invective, and less humiliat- 
ing and harmful than some of the substitutes therefor." Bateman's- 
Decisions revised by Pillsbury, page 150. 

Without a rule of the school board, the law permits teachers ta- 
punish children by whipping. It is held, however, that such pun- 
ishment must be neither unreasonable nor excessive. The offense 
committed must be of such a nature as to justify this punishment. 

A teacher, possibly, would not be justified in inflicting corporal: 
punishment for misdemeanors committed by pupils while on the way 
to and from school. A school board, however, can suspend, or evea 
expel, pupils for grave offenses in such cases. 

COUNTY SUPERINTENDENT — POWERS AND DUTIES. 

Every elective office becomes vacant by the occupant ceasing to 
be an inhabitant of the State; or, if the office is local, by his ceasing 
to be an inhabitant of the district, county, town or precinct for which 
he was elected. — Revised Statutes, chapter 46, section 125. 

Hence, the office of county superintendent of schools becomes va- 
cant when the incumbent removes from the county, and it is the duty 
of the county board to fill the office by appointment. 

It is the intention of the law that the county superintendent give 
his personal attention to his official duties. He can not, without the 
consent of the county board, legally deputize another person to visit 
schools in his stead. While the salary of the assistant must be paid 
by the county treasurer, not from the school funds, his expenses at 
the rate of one dollar a day "for the number of days actually spent 
in school visitation," can be legally paid by warrants drawn by the 
State Auditor on the State Treasurer. 

The county superintendent's office expense should be paid by the 
county board. After deducting his commission and paying the expense 
of advertising his examinations of teachers, he should distribute the-- 
residue of the distributable fund to the townships. 



140 

In matters of controversy pertaining to schools, the county super- 
intendent's opinion should first be obtained. If the parties inter- 
ested are not satisfied with the decision, the law provides that the 
case may be appealed to the State Superintendent on a written state- 
ment of all the facts, certified bj'' the county superintendent. 

•COURSE OF STUDY AND ITS ENFORCEMENT. 

A public school board is given power to make a course of study 
within the limits prescribed by law, and to enforce its observance. 

The course of study should include "the branches of education 
prescribed in the qualifications for teachers," and it may comprise 
"such other branches, including vocal music and drawing, as the 
directors, or the voters of the district at the annual election of direct- 
ors may prescribe." 

The board has power, also, to classify pupils, directing in what 
order they will pursue the various branches of the course of study, 
insisting that they shall be able by mastery of preceding branches 
to do satisfactorily work in those they pursue. Since, then, pupils 
may study no branch for which they are not prepared, and teachers 
and school boards are the judges of this preparation, these officers 
have available means, in the exercise of their power, to enforce the 
observance of their course of study to any reasonable extent. 

But, if objection be made in good faith by parents to their chil- 
dren's pursuing some designated branches through fear of overwork 
or for other good reasons, the parents are allowed to select the 
branches of the prescribed course for which their children are fitted. 

ELECTIONS. 

Any person, male or female, who is a citizen of the United States, 
who is at least twenty-one years of age, who can read and write in 
the English language, and who has resided in the State one year 
next preceding the election or appointment, is eligible to any school 
office. The exception to this is that a woman under the present con- 
stitution is not eligible to the office of Superintendent of Public In- 
struction. 

As school elections are held under the acts of 1872 and 1891, and 
not under the Australian ballot law, poll lists should be kept and num- 
bered, and ballots numbered to correspond with the poll lists. This 
applies to the election of trustees as well as of directors, either in a 
congressional township, or in a township whose boundary lines coin- 
cide and are identical with those of the town. 

All judges and clerks of school elections should be sworn in at or 
before the hour of opening the polls. Judges and clerks of school 
■elections are not entitled to pay for their services, except in the few 
districts of the State which have adopted the special election law of 
1885, and have in consequence, a board of election commissioners 
appointed by the county court. These places are the cities of Chi- 
cago and East St. Louis, and the town of Cicero. 



141 

The law intends that there shall be an annual election in each 
township, and in each school district. If, then, on the day of the 
regular election the voters fail to appear it becomes the duty of the 
judges to give the legal notice for a special election. 

If the judges of a district election are fully satisfied that the per- 
son elected as director is ineligible, because he can not read and 
write, they are justified in refusing to certify to his election. Such 
a case would necessitate a new election. 

The school law expressly provides that, when an election results 
in a tie, the judges shall decide, at once, by lot, who is elected. Pro- 
vision is not made for taking a second ballot in such cases. 

When two or more members of a district board are elected at the 
same time, and the voters make no distinction between long and 
short terms, the directors elected should decide by agreement or by 
lot on the number of years which each shall serve. 

Judges of a town election act as judges of election for township 
trustees in a township whose boundaries coincide and are identical 
with those of the town. At such an election there should be two 
ballot boxes, one for the male voters, and the second for the female 
voters; and if the proposition to establish a township high school is 
submitted, there should be a third ballot box for the male voters who 
vote on that proposition. 

When the judges of a district election make the proper returns, 
certifying to the election of a certain person to the office of school 
director, that person is entitled to hold the office and to perform its 
duties for the term for which he has been elected, or until the elec- 
tion has been declared illegal by a competent court. No power is 
given to a county superintendent or to the State Superintendent to 
declare an election illegal or to set it aside. Persons who contest the 
legality of an election must take their appeal to the county court. 

A board of directors can not legally purchase, build or move a 
school house, build an addition to a school house or locate a site 
without a vote of the district. 

PUNDS. 

Money levied for general school purposes may be used for build- 
ing purposes after the district has voted to build, provided such fund 
is not needed for the current expenses of the school. 

The law provides that when a district has surplus funds the town- 
ship treasurer may loan such funds, if authorized to do so by a writ- 
ten notice signed by the directors of the district. The directors have- 
power to decide whether or not such funds shall be loaned, but the 
conditions of such loans must be the same as those required in the 
loans of township funds. 

The board of trustees is not authorized by law to invest the town- 
ship fund in land, except in cases where it becomes necessary to take- 
land for a debt due the township. 



142 

The board of trustees is not permitted to distribute any part of 
•the permanent fund of the township. But the interest obtained 
from loaning it should be distributed at each semi-annual meeting 
of the board. 

The trustees are liable when they permit the township treasurer to 
lend money contrary to the directions of law. 

When a new district is formed it becomes necessary for the trus- 
tees to divide the property and funds as provided by law. No di- 
vision of funds is contemplated, however, in cases where territory is 
•detached from one district and added to another. 

Except as provided in section 11, article II (for commissions), the 
•only reduction which may lawfully be made form the distributable 
fund by the county superintendent, is for advretising the times and 
places of examining teachers, as provided for in section 7, article 
Til, of the school law. The net balance must be distributed to the 
treasurers. 

HOLIDAYS FOR SCHOOLS. 

The law does not require a teacher to teach on Saturday, Sunday 
or a legal holiday for schools, nor can a teacher be required to teach 
on other days in place of said days on which he has closed school. 

Legally, a teacher can not claim pay for a holidy unless the holi- 
day occur during his term of teaching and on a school day. Hence, 
the day following a legal holiday which falls on Sunday is not a 
school holiday, unless it be given to the school by the school board, 
which has the power, under section 17 of article VII of the school 
law, to grant the school special holidays on proper occasions. 

The legal holidays for schools in Illinois are New Year's day. 
Fourth of July, Christmas, the thanksgiving and fast days appointed 
by National or State authority, and the special holidays granted the 
school by the school board. 

The commercial holidays, additional to these, which are designated 
in the statute, including the birthday anniversaries of Washington 
and Lincoln, "Memorial" and "Labor" days, are not legal school 
holidays, except as they are given to the school by the school board. 

INSTITUTES. 

Before making engagements to teach in institutes, instructors 
should secure license of the State Superintendent of Public Instruc- 
tion. When the applicant for this license is not known, personally 
to the State Superintendent, he should file testimonials of worthi- 
ness with his application. These recommendations should be signed 
by capable school men who are known to be reliable. 

Institute funds should be carefully husbanded and expended only 
for the services of approved instructors and for other legitimate ex- 
pense of the institute. The county superintendent receives his per 
diem from the Auditor for conducting the institute, and he is not en- 
titled to commission on the institute fund. 



143 

The institute fund is provided to defray the expense of the annual 
institute, which the county superintendent is required to hold "at 
such time as the schools of the county are generally closed." It 
should not be used for any other purpose. 

When teachers attend other institutes held by their county super- 
intendent during term time, they may claim that their pay be not 
diminished for three days in any one term, or five days in any one 
school year, when this time has been actually spent in attendance on 
such institutes. A contract which forfeits this right is not in accord 
with the law, which says that such time "shall be considered time 
lawfully expended by such teacher in the service of the district where 
fiuch teacher is employed, and no deduction of wages shall be made 
for such sbsences, and it shall be the duty of the school oJBScers and 
boards of education to allow teachers to close their schools for such 
attendance upon institutes." 

KINDEEGARTEN SCHOOLS. 

When authorized by a majority of all the rotes cast at an election 
for that purpose, boards of directors and boards of education are em- 
powered to establish kindergartens in connection with their school 
for the instruction of all children between the ages of four and six 
years. The expense incurred by such kindergarten instruction is to 
be met in the same way as provided for in the other grades and depart- 
ments of the public schools. 

OATH OF OFFICE. 

While it would tend to uniformity if school officers should take an 
oath of office before entering on the duties of their office, the Supreme 
Court, in 79 Illinois, page 511, has decided that a township treasurer 
need not take an official oath on assuming office, and the rule made 
by the court in that case seems to exempt, also, school trustees, school 
directors, and members of boards of education from taking such oath. 

PETITIONS. 

The courts have decided that a petition for change of school dis- 
trict boundaries must make a case on the face of it; that is, it must 
show that all the necessary requirements of the law have been com- 
plied with. Neither the trustees nor the county superintendent have 
any authority to change or amend a petition that is filed. 

The courts have decided that, in the formation of a new district, 
the petition must show that the proposed district contains not less 
than ten families. Hence, the petition can not be granted if in such 
formation, a district would be left with fewer than ten families. 

The law makes no provision for a remonstrance against a petition. 
Remonstrances, therefore, have no legal standing before the board of 
trustees, and they do not in any way affect the validity of a petition. 
It may be proper in some cases to consider a remonstrance as evi- 
dence, the force of which maj- be determined by the trustees. 



144 

The law forbids that a change shall be made in the boundary of a 
school district in which a school filling the requirements of the law 
is kept, except the township in which the district is situated be re- 
districted, or the desire for the change be lawfully expressed by a 
designated number of voters living in the district. This desire for 
change can be expressed by the voters living in districts whose 
boundary lines it is proposed to change, legally, either by vote of 
the people, where the district contains a population of at least one 
thousand inhabitants, or by petition. 

The law defines three classes of changes which may be thus 
effected: 

First — A district may be divided to form two districts, or two or 
more districts may be consolidated to form one district. 

Second — Territory may be detached from two or more districts to 
form a new district. 

Third — Territory may be detached from one district and added to 
an adjoining district. 

To effect these three classes of changes, the law describes three 
classes of petitions, and the court holds that each class of petition is 
sufficient for the class of change for which the law designates it. 
Three classes of petition are not required to secure the consideration 
of a single change in district boundaries. One is sufficient when it 
complies with the conditions which the law specifies in order to 
meet the requirement which that class of petition is designed to 
effect. 

The first class of petition — that signed "by a majority of the legal 
voters of each of the districts effected by the proposed change" — is 
sufficient for any change which the law allows. The law gives it un- 
limited application. 

The second class of petition — that signed "by two-thirds of the 
legal voters living within certain territory described in the petition" 
— is sufficient when the purpose is to detach said territory from pne 
district and to add it to another which is adjacent. 

The third class of petition — that signed "by two-thirds of all the 
legal voters living within certain territory 'containing not less than 
ten families" — is sufficient for the purpose of asking that said terri- 
tory be formed into a new district, provided that such action would 
not leave any district without ten families. 

Petitions for changes in district boundaries must'^be filed with the 
clerk of the board of trustees at least twenty days before the]^regular 
meeting of said board in April. 

PUPILS. 

The law requires that the school board furnish a sufficient number 
of free schools to accommodate all the children of the district over 
six and under twenty-one years of age. It empowers school boards 
to rent suitable rooms for this purpose, when the school sittings of 



145 

the district are insufficient. A suitable room, even outside of the 
district lines, may be rented, temporarily, when it is not possible to 
obtain a room within these lines. 

Only the pupils who have legal residence in the district can claim 
tuition in the district, although the law provides for the instruction 
of non-resident pupils on district permits or by the payment of tuition 
fees. 

It is held that children who have been apprenticed or adopted into 
another family, or have been placed permanently in the care of oth- 
ers, are entitled to claim a residence and free tuition in the district 
where they are located. It is held, also, that children who have no 
permanent home, but go from place to place, as they may be em- 
ployed, are entitled to claim a residence in the district where they 
are living at the time when they enter school. This department, 
uniformly, has advised school boards to be liberal in their arrange- 
ments with indigent young persons who are struggling to obtain an 
education. 

SCHOOL SITES. 

Outside of a city of at least one hundred thousand inhabitants, and 
in one or two cities under special charters, a site for a school-house 
can not be located without a vote of the district. 

Hence, while the school board has power to decide when the school- 
house site is unnecessary, or unsuitable, or inconvenient for a school, 
if it wishes to enlarge or to change a school-house site, it is neces- 
sary for the board to have a vote of the district to obtain the re- 
quired authority. 

There .is no provision of law whereby directors are compelled to 
call an election for the purpose of voting on the question of chang- 
ing a school-house site. The board of directors has the right to de- 
termine whether or not an election is expedient. 

If the school board, in submitting the choice of a school site to a 
vote of the district, does not limit the voters in their expression of 
preference, but allows each one to vote for such site as he prefers, 
and no site receives a majority of the votes cast, the directors have 
power to select a suitable school-house site, and should select the 
one most suitable for the whole district. But if the election is called 
to determine whether or not a specified site or sites shall be chosen, 
a majority of the votes cast is necessary to a selection, and the board 
can not locate the site without such majority vote; it sbould call 
another election. If the voters waiving their right to choose the site 
authorize the school board to make such selection, a site selected in 
pursuance of such a vote would be legally chosen. 

When a district has held undisputed possession of a school-house 
site for a period of twenty years, it may retain possession of such 
site so long as the same is used for school purposes, even though the 

—10 S. 



146 

county records show no legal transfer of the site. In such a .case 
the purchaser of adjoining property can not ignore the right of the 
district. 

When the owner of the site which has been legally selected will 
not sell it for a reasonable price, it may be obtained in the manner 
provided by law "for the exercise of the right of eminent domain." 
But no tract of land outside of the limits of an incorporated city 
or village, situated within forty rods of the dwelling house of the 
owner of the land, can be taken for a school site without the owner's 
consent. 

The titles to school-house sites should be vested in the board of 
township trustees for the use of the districts. When a site is leased 
for school purposes, the lease should be in the name of the board of 
township trustees for the use of the district. 

STATE SUPEKINTENDENT. 

It should be remembered that the State Superintendent of Public 
Instruction has not power to revoke a certificate which has been is- 
sued by a county superintendent; nor can he issue a State certificate, 
except on examination, in accordance with lawful conditions deter- 
mined by himself and the presidents of the State universities. 

When a suit involving school matters has been instituted in court 
the questions at issue have passed beyond the control of the de- 
partment of public instruction. Then it is not customary for the 
State Superintendent to give any further advice in such cases, as his 
opinion would not change the judgment of the court. 

In matters pertaining to controversies arising in school districts, 
the opinion of the county superintendent should be obtained first. 
If his decision is not satisfactory, the interested parties may appeal 
to the State Superintendent on a written statement of facts pre- 
sented by the county superintendent. 

The law is construed to require that all letters calling for an official 
opinion must be retained on file. Correspondents should, therefore, 
retain copies of such letters as they wish to preserve; or transmit in 
duplicate, in which case one copy will be returned if desired. 

TAXATION. 

Outside of bonded indebtedness, the school law provides that the 
district school board may levy a tax of two and one- half per cent for 
general school purposes and two and one- half per cent for building 
purposes, making a total of five per cent for all school purposes. If, 
however, no building tax is required, the tax levy should not exceed 
two and one-half per cent of the assessed valuation of the property of 
the district. 

TEACHERS. 

When a teacher makes a contract for a specified number of days 
of actual teaching for a month, such a contract has been construed 
to mean a contract by the day, and under it, the teacher is not en- 
titled to any benefit from holidays. 



147 

A teacher has the right to send home a child who is guilty of 
gross misconduct, but the power to expel a pupil rests solely with the 
school board. 

A teacher is not compelled to lose the time when school is dis- 
missed by order of the board of directors outside of the provisions of 
contract, and without the consent of the teacher. 

Neither can the teacher make up time lost outside of the provis- 
ions of contract, without the consent of the school board. Time lost 
can be made up legally only on school days. 

An assistant, or a substitute teacher, must have a certificate to en- 
title him to draw public money. 

A teacher must not be interested in the sale, proceeds or profits of 
any book, apparatus or furniture used, or to be used, in any school 
with which he may be connected. 

TOWNSHIP HIGH SCHOOL — FORMATION. 

The territory constituting a township high school district may be 
composed: First, of the school or congressional township; of the 
congressional township which contains the greater part of the people 
of a city having a population of at least one thousand inhabitants 
and less than one hundred thousand, together with such parts of 
other congressional townships as contain the remaining part of the 
population of said city; third, of two or more congressional town- 
ships; fourth, of two or more adjoining districts, whether in the 
same or different townships; and fifth, of a district having a popula- 
tion of at least two thousand inhabitants. 

At least fifty voters of the high school district, or at least one- 
third of the voters in a district containing less than one hundred and 
fifty voters, constituted as mentioned above, sign a petition for an 
election for or against the establishment of a township high school, 
and file it with the township treasurer or treasurers interested, 
at least fifteen days preceding the regular election of township 
trustees. 

The treasurer with whom a petition is filed gives legal notice that, 
at the next regular election for trustees, an election for or against 
the establishment of a township high school will be held, at which 
the voters of the territory described may vote. 

A majority of the votes cast at a duly called and legally conducted 
election for or against the establishment of a township high school, 
determines whether the school shall be established or not. 

If, in the territory which it is proposed to form into a township 
high school district, there are more than two polling places at gen- 
eral elections, at least two polling places should be appointed for the 
high school election. Further, if the territory to be formed into a 
high school district lies in two or more congressional townships, the 
voters of this territory vote at polls, appointed by their township 
trustees in their own congressional township. Enough polling 
places should be opened to accommodate properly all the voters who 
have a right to vote at the election. 



148 

As stated above, the election for or against the establishment of a 
township high school is held at the time of the regular election of a 
trustee. In counties which have township organization the election 
is held on the first Tuesday of April, provided the boundaries of the 
congressional and the political township are coincident; in all other 
cases the time of the election is the second Saturday in April. 

If the people of the proposed high school district have voted 
legally for the establishment of a high school, it becomes the duty of 
the board of trustees to call a special election on any Saturday 
within sixty days from the time of the election establishing the 
township high school, for the purpose of electing a township board 
of education, consisting of five members. 

It is the duty of the township board of education to purchase the 
high school site, to erect the high school building, and to levy a tax 
to raise money for the purposes, when authorized so to do by a vote 
of the people. The authority of locating the high school site is vested 
in the voters. 

A high school district usually comprising territory included in 
other school districts is a separate and independent district, and may 
incur debts to the extent of five per cent of the taxable value of the 
property within its limits, and may also issue bonds for the purpose 
of buying a site and building a school house, the same as any other 
school district, but all the indebtedness of such high school district 
must not exceed such five per cent. 

TOWNSHIP TREASURER — POWERS AND DUTIES. 

The term of the office of township treasurer expires in April of the 
even numbered years. 

A person who is not a legal resident of the township is not eligible 
to the office of township treasurer. 

Women are eligible to the office of township treasurer the same as 
to any other office under the general or special school laws of this 
State. 

Before a township treasurer removes from the township, he should 
resign, in order that his successor may be appointed and may qualify 
in due time. 

In the examination of the township treasurer's books and accounts, 
the county superintendent has the right to require the treasurer to 
produce balances to the credit of the school funds. 

The township treasurer has no right to lend any part of the town- 
ship or district funds for his own benefit. 

It is the duty of the treasurer to lend such district funds as are not 
needed for immediate use, when requested in writing to do so by the 
district board. 

A man who is a borrower of the township fund may be appointed, 
legally, as township treasurer, but, in case he accepts the appoint- 
ment, he should pay off his own loan, without delay. 



149 

The township treasurer may require that district election returns 
be made in due form, but he has no power to decide on the legality 
or illegality of an election. 

The township treasurer is not exempt from road labor, although 
trustees of schools, directors and members of boards of education are 
exempt. It may be presumed that this distinction arises from the 
fact that treasurers are paid for their services, while the other officials 
mentioned are not accorded any remuneration. 

The law provides that the township treasurer shall pay all lawful 
orders issued on him. If, for any reason, he doubts the legality of 
an order presented to him, he has the right to refuse payment until 
the legality of such order is established. 

If pupils are sent to school for the entire day, they ought not to 
leave the school premises during the day without the consent of the 
teacher. Pupils who go home for dinner are not under the direct 
control of the teacher until they return to the school grounds. 

Pupils under twenty- one years of age who are graduates of the 
school in their district, have the right to return to it to review their 
studies, or to pursue such branches as are found in other courses 
from the one in which they graduated. 

TRUANCY AND NON-ATTENDANCE. 

It is presumed to have been the intention of the Legislature that 
the fines imposed by the provisions of this act should be paid to the 
district. 

Under its provisions, children of legal school age (from 6 to 21 
years) , who are found loafing in public places or without employ- 
ment, or any truant children who absent themselves from school, 
may be arrested by the truant officer and placed in charge of a 
teacher. 

A pupil may be absent from school one or two days for good 
cause, and still his attendance may properly be considered consecu- 
tive. 

There are three ways in which this law may be violated as far as 
the parent or guardian is concerned: First, it may be violated by 
not sending the child to school for sixteen weeks during the school 
year. Second, it may be violated by not requiring twelve of the six- 
teen weeks to be consecutive. Third, it may be violated by not be- 
ginning to send the child, if under ten years of age, to school at the 
beginning of the school year, and if above the age of ten years, not 
later than December first of said school year, or as soon thereafter as 
notice of delinquency shall be received. Any one of these consti- 
tutes a violation of the law, and for any one of them the penalty 
may be inflicted, unless good cause can be shown to exist for such 
non-attendance. 

Suit may be commenced under this law by the board of directors 
or board of education, A truant officer may make complaint in 
court as the agent of the school board. 



150 



TUITION. 



Every proper person of school age is entitled to attend the public 
school of the district in which he has legal residence, without the 
payment of tuition fees, but he is not entitled to attend the school of 
any other district on this condition. This privilege depends on legal 
residence, not on a parent's or guardian's ownership of property. 

Persons who move into a school district temporarily, just for the 
purpose of receiving the benefit of the public schools of that district, 
are not entitled to such privilege free of charge. Only the real resi- 
dents of the district can lawfully claim the right to send their chil- 
dren to its school without paying tuition. 

District school boards are empowered to decide cases of questioned 
residence, for school purposes, and the decision is subject to reversal 
only by the courts. 

A board of directors has the right to fix rates of tuition, and may 
require all pupils who are non-residents of the district to pay the 
amount fixed. The rate fixed should not be less than the pro rata 
cost of attendance in the room in which they are instructed. Neither 
should non- resident pupils be admitted when their attendance would 
restrict the advantages of resident pupils. 

VACCINATION OF PUPILS. 

The vaccination of pupils is not mentioned in the school law- 
Many school boards have heretofore considered, that under the direc- 
tion of the State Board of Health, they had the right to make regu- 
lations admitting to school privileges only those who presented satis- 
factory evidence of vaccination. 

The Supreme Court in Lawrence et al. School Directors v. Jennie 
Breen et al., 167 111., 67, decided that school directors have no right, 
either under their own rules or by order of the State Board of 
Health, to exclude from the public school, children refusing to be 
vaccinated, unless such course is necessary, or reasonably appears to 
be necessary, to prevent the appearance or spread of sniall-pox. It 
would, however, seem, that when "small-pox exists in a community 
in the State, or is prevalent in adjoining vicinities" and it "is neces- 
sary, or reasonably appears to be necessary," a rule excluding chil- 
dren from school who have not been vaccinated, until such time as 
danger from the disease has passed, would seem to be justified on 
the ground of exercising proper precaution for the protection of 
health. 

In ivhat way can school officers secure the vaccination of school 
children lawfully? 

School officers may use all their powers of persuasion, giving their 
influence in all reasonable ways to secure this result. 

Can public school funds be used to pay the expenses of vaccinating 
pupils f 



151 

The vaccination of pupils is not a part of the work of the public 
school, and public school funds can not be used, lawfully, to defray 
its expense. 

WOMEN AS VOTERS. 

The legislative act, approved June 19, 1891, by which women were 

declared to be "entitled to vote" for "any oflBcer of schools under the 
general or special school laws of this State," has been modified and 
defined by two decisions of the Supreme Court of Illinois: 

Women may not vote for a State or county superintendent of 
schools. 

According to the first de 'ision, Mary A. Ahren v. William J. Eng- 
lish, 139 111., 622, "the Legislature had or has no power or authority 
to invest her (woman) with the right to vote at an election held for 
a county superintendent of schools." The reason given by the court 
for this decision is, that the qualification of electors for offices speci- 
fied in the constitution, being prescribed in that instrument, they 
can not be changed by the Legislature, or otherwise than by amend- 
ment of the constitution. This decision debars women (except the 
very few who may have the constitutional qualifications) from voting 
for a State or county superintendent of schools. 

They may vote for all other elective school officers. 

In the second decision, Mary B. Plummer v. Oscar Yost, 144 III, 
S8, it is held that women of twenty-one years of age or upwards, 
either native-born or naturalized citizens of the United States, who 
have resided in the State one year, in the county ninety days and in 
the school district thirty days next preceding an election for any 
officer of schools, can vote at that election, provided the officer to be 
elected is to hold a school office which is not specified in the consti- 
tution, but created by the Legislature in conformity with the power 
granted in the constitution. This construction allows women to vote 
for trustees of the University of Illinois. 

In the elections in which only a part of the 'candidates named on 
the general ticket can be voted for by women, a separate ballot box 
can be provided by the judges of election to receive the ballots of 
women only. 

The vote of a woman, except it he for a school officer, or her signa- 
ture to a petition for any purpose^'has 7io legal force. 

Since the only authorization women have for voting or for exercis- 
ing privileges in school affairs, not accorded them before the passage 
of the act of 1891, is contained in this act, and since this act does 
not extend their privileges beyond voting for certain officers of 
schools, it follows that their votes on the establishment of kindergar- 
tens or on other school questions, and their signatures to petitions 
for any purpose, have no legal force. 

Registration of women voters. 

Women voters must be registered in order to vote in cases only in 
which men who vote at the same election for the same officers must 



152 

be registered. Registration is not required ordinarily of the electors 
of township trustees or members of a general school board, but it is 
required of those who vote for trustees of the University of Illinois. 
The manner of registering women does not differ from that of regis- 
tering men. 

Three qualifications required. 

The law requires the voter to possess three qualifications, viz: Citi- 
zenship, necessary age and residence. No preference is shown women 
over men in these respects; but by a statute of the United States 
(act approved Feb. 10, 1855) an alien-born woman becomes a citizen 
of the United States by reason of her marriage to a citizen of the 
United States, When such a woman possesses the requisite age and 
residence she should be allowed to vote. 



153 



CALENDAR OF SCHOOL ELECTIONS AND DUTIES OF 

OFFICERS. 



January, first Monday — Apportionment of Auditor. 

March 1, on or before — Payment of Auditor's warrants. 

On or before same day — Report of fines and forfeitures. 

April 1, on or before — Collector of taxes to pay treasurer. 

April first Monday — Regular meeting of trustees; treasurer's report. 

Within two days after — Treasurer's statement to district school boards. 

April, first Tuesday — Election of trustee when elected at town meetings. 

April, second Saturday — Election of trustee in other cases. 

Within ten days after — Organization of board of trustees. 

April, third Saturday — Election of directors; their report to voters. 

Same day — Election of members of board of education. 

Within ten days after — Organization of board of directors and board of ed- 
ucation. 

June, first Saturday — University scholarship examination at the county 
seat by county superintendent. 

June 30 — Treasurer's report of notes, etc., to county superintendent. 

July 7 — Reports of statistics by district boards to treasurer. 

On or before the same day — All schedules or statements of attendance filed 
with treasurer. 

July 15 — Trustees' report to county superintendent. 

July 15 — Treasurer's statement to district boards. 

August, first Tuesday— District boards to certify tax levy to treasurer. 

August, second Monday— Same returned to county clerk by treasurer. 

August 15— County superintendent's report to State superintendent. 

September, at annual meeting — County superintendent's report to county 
board. 

September 30, on or before — Notice of county superintendent to president 
of board of trustees and clerk of district board of amount of money paid by 
him to treasurer. 

October, first Monday — Regular meeting of trustees; treasurer's report. 

November 1 — State Superintendent's report to Governor; biennially. 

November, Tuesday after first Monday 1902— Election of State and county 
superintendents, and quadrennially thereafter. 



154 



INDEX. 



Accounts of county superintendent, how 

kept 10 

of township treasurer, examined by 

county superintendent 9 

same, how kept 32 

same, subject to inspection 33 

of township treasurer with school 

districts 36 

same, semi-annual statement of 37 

Actions, civil— 

against collector of taxes 11, 64 

against county board 71 

against persons failing to pay over 

fines and forfeitures 81 

against purchaser of school lands — 78 

against school officers 83,84 

against township treasurer 38,83 

against township trustees 12, 30, 83, 84 

against trespassers on school lands.. 75 

to recover interest 36 

to recover on mortgages 35 

to recover on notes, etc., belonging to 

the school fund 34,35 

Actions, criminal— 

against school officers 83 

against persons preventing colored 

children from attending school — 86 
against trespassers on school lands. 75 

Acts, official, to be recorded 18,41,50 

repealed 88 

Administrators to give preference to 

debts due the school fund 35 

Advertisements of sale of school houses 

or site 20 

of sale of school lands 21, 77 

Advice given to school officers by State 

Superintendent 4 

to school officers and teachers by 

county superintendents 9 

Age of persons enumerated in school 

census 19 

in statistics of illiteracy 19 

of school children 42 

taken as basis of apportionment of 

funds 12, 19.71 

Apparatus, school may be purchased — 44 
may not be sold by school teacher or 

officers 6.42.85 

Appeal from county superintendent to 

State Superintendent 13 

from trustees to county superinten- 
dent 27 

Apportionment of funds by Auditor 71 

by county superintendent 12 

by township trustees 19 

Appraisal and distribution of district 
property, when a new district is 

formed 29,30 

of school lands 76 



Appraisers, how appointed 29 

Assessors to note number of districts, in 

assessing personal property 63 

Assistant of county superintendent, 8 

his compensation 8 

Attorneys, State's, duties of. with regard 

to liens and forfeitures 80 

Auditor, State, to appoi tion public funds. 71 
to withhold funds at request of State 

Superintendent 6 

to file transcript of land sales 79 

to issue patents for school lands 79 

to issue warrant for pay of county 

superintendent 8, 69 

when patents are lost to issue dupli- 
cates 79 

Board of directors 39 

Board of Education of the State of Illi- 
nois, the 4,115 

Board of Education of the township- 
See "Township Board of Educa- 
tion." 

Board of Education 47 

appointed when 51,90 

elected when 47.93.99 

funds withheld from 87 

in cities of 1.000, powers and duties 

of 48 

in cities of 100, 000, powers and duties 

of 51 

term of office of 48.90 

to make reports 50 

to appoint a truant officer to enforce 

compulsory law 97 

Bond- 
official, county superintendent's 7 

approval of 7 

custodian of 7 

form of 7 

insufficiency of 7 

State Superintendent's, approval of. 2 

custodian of 2 

township treasurer's, approved by 

county superintendent 12 

same, by trustees 31 

custodian of 12 

form of 32 

insufficiency of 12 

same, trustees liable for 84 

Bonded debt, how disposed of in case of 

change of district lines 28 

Bonds 65 

original issue of 65 

same, amount limited 65 

same, registry of 65 

vote of people for the issue neces- 
sary 65 



155 

Index — Continued. 



Books. See "Text Books." 
Boundaries, district. See "District boun- 
daries." 
Branches of study determined by direct- 
ors 43,54,57 

by voters 57 

See also "Teacher's certificate." 

Calendar of school elections 153 

Census of children under 21 taken by 

county superintendent 12 

by directors 41 

by trustees 20 

State basis of apportionment by 

Auditor 71 

Certificate of amount of tax due each 

district 62 

of tax levy 62 

how made when district lies in two or 

more counties 63 

Certificate of licensure, teachers 53,55,56 

age of applicants 55 

essential that the teacher have one at 
the time he enters upon his duties. 57 

issued by county superintendent 56 

same, examinations for 56 

same, form of 56 

same, fee for 57 

same, grades of 56 

same, qualifications for 55,56 

same, record of 56 

same, renewal of 56 

same, revocation of 56 

issued by State Superintendent 56 

same, examination for 56 

same, revocation of 56 

Certificate of purchase. See "Common 
school, lands." 

Changes of text books 43 

Charitable institutions. State educa- 
tional, visited by State Superinten- 
dent 5 

to make report 6 

Children, all to receive a good common 

school education 1,42 

secured the right to instruction in 
the branches of an elementary edu- 
cation 96 

colored, rights of in public schools.. 86 

illiterate, number of reported 4, 19 

number of in public schools, re- 
ported 4, 19, 42 

number of under 21, basis of appor- 
tionment. 12,19,71 

number of under 21, reported 4,19,42 

penalty for employing, when under 

13 94 

penalty for failure to report 84 

penalty for false report 84 

under 13. unlawful to hire 95 

Churches to receive no appropriation 

from school fund 85 

Cities and towns— 

of 1. 000 inhabitants 47 

of 100. 000 inhabitants 51 

with special charters 51,87 

same, modified 61, 87, 90 

Classes for deaf children 105 

Clerk of board of directors, appointed... 41 

compensation of 44 

to keep a record 41 

same, to submit to treasurer 41 

to post exhibit of treasurer at annual 

election 43 

to report to township treasurer 41 

board of trustees. See "Township 
treasurer." 
Clerks of courts of record to report and 

pay over fines and forfeitures 80 



Collector of taxes — 

liability of. for non-payment of dis- 
trict taxes collected 64 

to give notice to directors and trus- 
tees 86 

to pay amount of Auditor's warrant 

to county superintendent 71 

to pay amount of district taxes col- 
lected to township treasurer 64 

to state to township treasurer amount 

of district taxes uncollected 64 

Colleges, etc.. to report 87 

Colored children in public schools 86 

Common school lands— (16th section) 74 

business with regard thereto, where 

transacted 74 

certificate of purchase of 78 

same, filed with county superintend- 
ent 78, 79 

same, duplicate of 79 

patents, conveying title to 79 

same, duplicates 79 

payment to secure purchase 78 

same, failure to make 78 

rental of 74 

right of way over, granted 75 

sale of 75 

same, advertisement of 76, 77 

same, at private sale 78 

same, made by county superintend- 
ent 78 

same, manner of 78 

same, petition for 75 

same, in fractional townships 76 

same, notice of, given trustees 76 

same, place of 77 

same, terms of 77 

sale of at subsequent time 78 

statement of sales of, to county 

board 78 

same, examined and recorded 78 

same, transcript of, filed with Audi- 
tor 79 

trustees to divide into lots and plat. . 76 

to value lots 77 

to re-value lots 78 

See also "Real estate." 

Compensation of school officers 88 

of assistants of county superintend- 
ent 8 

of clerk of board of directors 44 

of county superintendent 8 

of township treasurer 39 

Compulsory attendance.. 96 

Condemnation of land for school site 45 

Conferring degrees Ill 

Consolidation of districts. See "District 
boundaries.', 
of townships. See "Township." 
Constitution of Illinois. 1870. Art. V.. Sec. 

Land Arts. VIII and IX 1,2 

Contracts made by board of trustees 
and directors, members not to be 

interested in 42,85 

made with teachers, conditions of 

validity of 55,56 

Control of school houses 44, 45 

Controversies arising under school law. . 13 
appeal of. to State Superintendent... 4 
Conveyance of real estate by county su- 
perintendent 11,78 

by trustees 21 

to cities in trust 54 

Corporation, board of education, a 48 

board of directors, a 40 

board of trustees, a • 15 

not to make sectarian grants 85 

Costs not chargeable to school officers, 

when 86 



156 
Index — Continued. 



County board 69 

bills of county superintendent to be 

audited by 8, 70 

bond of county superintendent ap- 
proved by 6 

examination of report of land sales 

by 9,70 

liability of, for failure to make exam- 
ination 70, 71 

may require new bond of county su- 
perintendent 69 

must furnisn office and supplies 70 

vacancy in office of county superin- 
tendent 7, 70 

County clerk 67 

election of trustees, ordered by 16 

list of trustees furnished county su- 
perintendent by 18. 67 

map of township, filed by 27 

tax-payers, list of, filed by 27 

to compute district taxes 68 

to certify to same to township treas- 
urers 68 

to record statement ot land sales 69 

to transmit county superintendent's 

bill to State Auditor 69 

County fund — 

consists of what 72 

loaned by county superintendent 13 

County superintendent of schools 6 

accounts of township treasurer, ex- 
amined by 9 

adviser of school teachers and officers 9 
appeal from, to State Superintendent 13 

appeal to, from action of trustees 10 

apportionment of funds by 12 

same, of interest on county funds 12 

assistant of 8 

bond of 7 

bond of township treasurer, approved 

and held by 12 

may demand that same be li;creased.31, 32 

certificate, teacher's, may grant 10,56 

same, may renew or revoke 11,56 

same, to make record of 11, 56 

•compensation of 8 

controversies under school law, re- 
ferred to 3 

county funds, loaned by 13 

directors, may order election of 40 

same, may remove 11, 46 

election of 6 

examination of teachers, to make... 11, 56 
examination of treasurer's accounts, 

etc., to make 9 

fines and forfeitures, duties of, con- 
cerning 12, 80 

funds, withheld by 12, 87 

map of county prepared by 122 

may be chosen 2 

notes, etc., taken by 13 

numbering school districts 112 

oath of office, taken by 6 

office for 7 

office turned over to successor by 13 

■qualifications of 2 

real estate, may sell and convey, and 

lease 11, 79 

records, kept by 11 

removal of, by county board 69 

report of, to county board 11, 78 

same, to State Superintendent 11 

same, to trustees, on treasurer's ac- 
counts, etc 10 

sale of common school lands by. See 
"Common school lands." 

schools visited by 9 

statistics of townships, may make tap . 12 
same, cost of may collect from trus- 
tees 12 

supplies for 7 



Co. superintendent of schools— Concluded. 

teachers examined by 11,56 

teachers' institutes conducted by 9,58 

treasurer's accounts examined by 9 

treasurer's bond approved and held 

by 12 

trustees, election of, ordered by 10 

vacancy in office of, how filled 7 

County treasurer to give notice to direc- 
tors and trustees 87 

Deaf children 105 

Debt, bonded, how disposed of in case of 

change of district lines 8 

Debts, of old district to be deducted 29 

due school funds, preferred claims . . 35 
same, may be compromised by trus- 
tees 22 

Default in payment of loans or interest 

thereon 35 

penalty for same 35 

Degrees, conferring of Ill 

Demands against school officers, liens 

for, upon real estate 84 

Diploma of county normal school some- 
times qualification for first grade 

certificate 55 

Directors of schools, a body politic and 

corporate 39 

boards of, elected 39 

apparatus purchased by, when 44 

bonds issued by 45,65 

bonds, refunded by 67 

branches of study prescribed by 43 

certificate of tax levy made by 61 

same, when to return 62 

same, when district is in two or more 

counties 63 

clerk of, see "Clerk " 

dismissal of teacher 44 

duties of, with regard to the schools . .42, 43 

election of 40 

same, notices of 40 

same, ordered by county superintend- 
ent 40 

same, ordered by township treasurer. 40 

election of, on Saturday 40 

same, postponed 40 

elections to choose school sites, etc., 

called by 45 

exclusion of colored children from 

schools by, prohibited 86 

exhibit by towhship treasurer to 36 

same, posted by, at annual election.. 36 
interest in contract made by the 

board, prohibited to 42 

same, in sales of books, etc., used in 

the district, prohibited to 1, 42, 85 

interest on teachers' orders, to pay 

when 37, 61 

judges of district elections 40 

judgments and executions against. . . 88 

for conversion of school fund 83 

for failure to discharge duties of 

office 83 

for failure to make returns 83 

for loss of school funds 83 

for perversion of school funds to 

sectarian purposes 85 

liable 45, 46, 83, 84, 85 

libraries aud apparatus purchased by, 

when 44 

may assume indebtedness created for 

district 96 

may borrow money, when 65 

may compensate clerk 44 

may not be trustees 40 

meeting of 41 

names of teachers reported to county 

superintendent by 42 



157 
lyidex — Continued. 



Directors of sdaools— Concluded. 

non-residence of members of consti- 
tutes vacancy 40 

official business of, how transacted.. 41 

orders drawn by 43,45.46 

same, may not be drawn, when 43,45 

organization 41 

poll-book, returned by 41 

power of, to tax..., 61,62 

same, limitations 61,62 

president of board 41 

property of district, personal, sale of 

by 44 

pupils transferred by 46 

same, amount due on account of, col- 
lected by 46 

qualifications of 40 

quorum of 41 

records kept by 41 

records, submitted to treasurer 41 

removal of 46 

reports to treasurer 41 

schedules, certified by .' 43,60 

same, delivered to township treasurer 

by 43 

same, delivery of limited 43 

same, receipted for 60 

schedules, separate, delivered by, 

when 46,59 

school house controlled by 44 

same, use of for meetings granted by . 44 
school house site, located by, when . . 45 

teachers, employment of, by 43 

same, how limited 57 

teachers, payment of , by 43 

same, how limited 43 

term of office 40 

tie at election of 41 

to notify collector of taxes to whom 
to pay the money belonging to a 

union district 42, 64 

transfer of pupils by 46 

truant officer appointed by 97 

vacancy in office, how filled 40 

women may be elected 40, 86 

District, boundaries of, how changed 25,51 

township a, for high school 22, 23 

Districting of newly organized township. 25 

Districts, changes of 25 

dissolved , when 30, 31 

divided by county lines, taxation in . . 63 

elections in 28,40,47 

elections to vote on change 25 

formation of 25 

funds of. held by township treasurer. 21 
indebtedness created for, may be as- 
sumed 96 

list of taxpayers in, to be filed 27 

maps of, made and filed 27 

numbered by county superintendent. 112 

property of, held by trustees 21 

same, when divided 29 

taxes of. See "Taxes.'" 

with 1, 000 inhabitants 47 

with 100, 000 inhabitants 51 

See "Union districts." 

Division of property of a district 29 

Donations, etc., for school purposes 1,21 

same, for sectarian purposes, prohib- 
ited 1,85 

Eastern Illinois Normal School 121 

Education, good common school, to be 

afforded all children 1 

elementary, secured to children 96 

Educational institutions, managers of 

boards to elect their president 110 

Effects of alcohol and narcotics 91 



Elections. See "State Superintendent;" 
"County Superintendent;" "Direct- 
ors of Schools;" "Township Trust- 
ees;" "Boards of Education." 
to purchase, move or build a school 

house 45 

Eligibility to olBce, to board of educa- 
tion 52 

to board of directors 40 

to board of trustees 15 

to township treasurership 18 

Eligibility of women to office under 

school laws 40, 86 

Enumeration of children. See "Census." 

separate, made when 20 

Examination of books, accounts, etc., of 
county superintendent by county 

board 11, 70 

of directors by township treasurer- . . 41 
of treasurer by county superintend- 
ent 9 

same, by trustees 21 

Examination of teachers by county su- 
perintendent 10, 56 

for State certificates 4,56 

Execution issued against directors and 

trustees — 88 

Executors to give preference to school 

debts 35 

Exemption from road labor and military 

duty 88 

Expulsion of pupili by directors 44 

False returns of children 84 

Pines. See "Penalties." 

Fines and forfeitures 80 

Flags on school houses 104 

Forfeiture of funds by townships 20 

Form of bond of county superintendent. 7 

of bond of townsh ip treasurer 32 

of notice to district affected by 

changes proposed 26 

of mortgage 34, 35 

of register 58, 59 

of schedule and certificates thereto. .59, 60 

of school orders 46. 73 

of tax certificates 62 

of teachers' certificates and record... 56 
of treasurer's record of notes 33 

Fractional townships. See "Townships, 
fractional." 

Free schools established 1 

Fund, school, county, consists of what .. 72 

interest on. distributed 13, 72 

principal of, loaned 13 

real estate belonging to 79 

Fund, school. State, consists of what 71 

distributed 71, 72 

Funds, school, township, consist of what. 72 

interest distributed 72 

principal loaned 33, 72 

real estate belonging to 21, 72 

Funds. See "Apportionment of funds." 

forfeiture of 20 

withheld by county superintendent. .12, 87 
same, by order of State Superintend- 
ent 6 

Funds, school district, custodian of 21 

how paid out 73 

surplus loaned 34 

union districts collected in one treas- 
urer's hands 42. 64 

Furniture, school, sale of by school offi- 
cers prohibited 1, 85 

purchase of 61 

Genera] Assembly to establish free 

schools 1 



158 

Index — Continued. 



Governor to approve State Superintend- 
ent's bond 2 

Graduates of county normal schools 55 



High school, township. See "Township 

high school." 
Holidays 61 

Illinois State Normal University 115 

Illiteracy, report of 19 

Imprisonment of school officers 85 

Indebtedness created for certain dis- 
tricts may be assumed by directors . 96 

previous, tax to pay, not limited 61,62 

refunded 67 

Indictment of school officers 85 

of trespasser 75 

Informer to receive half 75 

Institutes, superintendents to assist in.. 9,58 

fees for 58 

teachers may attend without deduc- 
tion of wages 58 

Institutions of learning to report 87 

Insurance of improvements included on 

real estate loans 35 

Interest, action to recover 35 

added to principal 36,72 

distributed 36, 72 

on teacher's orders unpaid 61 

same, how stopped 61 

penalty for default in payment of 35 

rates on bonds 65,67 

rates on loans 33 

State to pay 71 

Interpretations of the school law 135 

Judges of elections of directors 40 

delivery of poll-book by 41 

Judges of election of trustees 17 

delivery of poll-book by 17 

Judgments against school officers 87 

against purchasers of school lands . . 78 

Justices, duties of. concerning fines and 

forfeitures 80 

Kindergarten schools 100 

Lands. See "Common School Lands" 
and "Real Estate." 

Levy of taxes. See "Taxes." 

Liability of school officers 82 

Libraries, school, provisions for 44,49 

Lien on real estate of school officers from 

date of issuing process 84 

Limit of indebtedness, bonds, etc 65.67 

of taxation 62, 65 

Loans of county funds 13 

of district funds, surplus 34 

of township fund 33,34 

Loss of funds, liability for 84, 85 

Mandamus, writ of 88 

Manual training department 106 

Map of county 112 

Map of township 38 

filed in twenty days by township 

treasurer 38 

Meetings, of directors 41 

of trustees 18 

in school houses 44 

Miscellaneous 86 

Month, school 61 

Mortgages- 
form of 34 

in name of county superintendent.. 13, 34 
in name of trustees 21,34 



Normal schools.county, act establishing. 131 
State, acts establishing.115, 118. 121, 125, 128 

Northern Illinois Normal 125 

Notes, etc., in name of county superin- 
tendent 13 

same, examined by county board 71 

in name of trustees 34 

same, examined by county superin- 
tendent 9 

by trustees 20 

same, list of given county superin- 
tendent, annually 34 

Notice of elections, district 28, 40, 48. 66 

same, townsnip 16,17,22 

same, city, etc. to organize under gen- 
eral law. school 51,93 

of examinations of teachers by coun- 
ty superintendent 57 

by State Superintendent 56 

of sale of common school lands 77 

of sale of real estate 20 

Oath, official, county superintendent's. . . 6 
State Superintendent's 2 

Office of county superintendent 7 

Office of State Superintendent, where 

kept 3 

Office supplies 7 

Officers, school, exempt from road labor 

and military duty 88 

liabilities of. See "Penalties." 

lien on real estate of 84 

to receive advice 4,9 

Orders, school, form of 46,73 

when against uncollected taxes 45 

teachers, substance of 60, 73 

same, draw interest, when 61 

same, to be drawn, when 61 

treasurers to file 73 

Organization of board of directors 41 

of board of trustees 18 

of cities, etc., under general law 47, 51 

Parents must send children to school 96 

Parental or truant schools 107 

Patents issued to purchasers of school 

lands 78. 79 

same, duplicates of 79 

Penalties, who subject to— 

any person for preventing colored 
children from attending school 85 

for trespass on school lands 75 

any school officer, for causing loss of 
school funds 84 

for neglect of duty 84,85 

any school officer, or any other person 
for conversion or perversion of 
school funds 83, 84 

borrower of school funds, for failure 
to pay interest or principal 35 

cities, for failure to make report 87 

collectors of taxes, for refusal to pay. 64, 72 

county board, for neglect of duty to 
examine report of land sales 70.71 

clerks of courts of record, State's at- 
torneys and justices, for failure to 
report and to collect and pay over 
fines and forfeitures 80,81 

directors. See "Directors liable." 

parents, for keeping children from 
school 97 

parents, employers, etc., for the hir- 
ing of children under 13 years of 
age 94 

purchase of school lands for not se- 
curing payment 78 

townships, for failure in delivering 
reports • 20 

treasurers. See "Treasurers liable. 

trustees. See "Trustees liable." 
See also, "Removal from office." 



159 

Index — Continued . 



Permits to transfer pupils 46 

to be filed 46 

Perversion of funds to sectarian uses ... 85 

penalty for 85 

Petition for change of district lines 25 

same to be filed twenty days 25 

same, notice of to districts 25 

for or against township high schol. . . 23 

for sale of school house 20 

for organization under the general 

law 51 

for sale of school lands 75 

Plat of common school lands 76 

Poll-book, election of directors, return of. 41 

same, penalty for failure 41 

election of trustees, return of 17 

same, penalty for failure 17 

Polling places, more than one, when 17 

Polls, election of trustees and directors, 

opened and closed 17, 40 

elections of trustees 17 

Poor children, books for 43 

Postponement of electon 16, 40 

President Board of directors 41 

pro tempore, may be appointed 42 

of board of trustees 18 

pro tempore may be appointed 18 

Principal of schools appointed when 49 

Printing proceedings State Teachers' 

Association 113 

Proceedings, ofiicial, to be recorded 18,41 

Property of districts, divided in case of 

change of district boundaries 29 

teachers to account for 58 

Publication of statement by township 

treasurer 38 

Pupils, age of 42 

age and name noted on register 58 

same, on schedule 59 

assigned to the several schools 44 

attendance of, noted 58,59 

suspension and expulsion of 44 

transferred 46 

same, separate schedule of, when 46 

under 12, in school four hours a day. . 44 

Purchaser of common school lands 77 

may borrow amount of bid 77 

must secure payment of bid 77 

to receive certificates of purchase 78 

to receive patents 78 

when to receive duplicates 79 

Qualifications for office of county super- 
intendent 2 

directors 40 

treasurer 18 

trustees 15 

of teachers 55, 56 

of voters 16 

of women as school officers 40, 86 

Quorum of directors 41 

of trustees 18 



Rate of interest— see "Interest." 
Real estate held by county superinten- 
dent 11, 79 

by trustees 21 

leased 11, 21, 74 

lien on. belonging to school officers.. 84 

right of way over, granted 79 

security for loans 33,34 

same, how valued 33 

taken for indebtedness by county 

superintendent 79 

by trustees 21 

See also "Common school lands." 

Receipts for schedules 60 

treasurer to take and file 73 



Records of county superintendents.. 11, 56, 78 

same, examined by county board 11,70 

of directors 41 

same, submitted to township treas- 
urer 41 

of sale of common school lands 78 

same, examined by county board 70 

same, transcript of, filed with Auditor 79 

of State Superintendent 3 

of teachers' certificates granted by 

county superintendents 56 

of treasurer 32,33 

same, examined by county superin- 
tendent 9 

same, open for inspection 18, 33 

Records — 

same, submitted to trustees 36 

of trustees 18 

same, open for inspection 18,33 

Registers, books furnished by directors. 59 
same, returned by teachers at close 

of term 59 

form of 58, 59 

to be kept by teachers 58 

Registration fee 57 

Relinquishment of special charter 51 

Removal from district or township, 

effectof 40 

from office— 

of county superintendent 69 

of directors 46 

of president of board of trustees... 18 

of teachers 44,50 

of treasurers 18 

Repeal of former acts 87,89 

Reports of cities and towns 87 

of collector of taxes to township 

treasurer 64 

to trustees and directors 87 

of county superintendents to county 

board, annual 11 

same, of land sales to county board.. 9, 70 

same, to Auditor 9,79 

same, of condition of schools to State 

Superintendent 11 

of directors to township treasurer... 41 

same, to county superintendent 42 

same, to voters at annual meeting 43 

of fines and forfeitures 80 

of institutions of learning 87 

of rentals to county superintendent.. 74 

of State Superintendent to Governor 3 
of statistics— See "Statistics." 
of treasurer to trustees, annual and 

semi-annual 36 

of trustees to county superintendent 19 

same, items of 19 

penalties for failure to make— See 
"Penalties." 

Revenue and taxation 61 

Road labor exemption 88 

Rules and regulations made by board of 

education 49 

by directors 42 

by State S uperintendent 4 

Salary of State Superintendent 3 

Sale of common school lands— see 
"School lands." 
of real estate— see "Real estate." 

of school books, etc., limitations 1,85 

of school house and site 20 

of school property 44 

Schedules, certificates upon, form 59 

delivery of, to directors 60 

to township treasurer 43 

form of 59 

receipt for, given to teacher 60 

teacher to keep 59 



160 
Index — Continued . 



Scholars— See "Pupils." 

Scholarships, State University 133 

School, any gift, etc., to 1,20 

Scnool books— See "Test books." 
School books, apparatus and furniture, 
school officers not to be interested 

in when 1.42,85 

School directors— See "Directors." 
School districts— See "Districts." 
School elections— See "Elections." 

School funds 71 

School house, building of, tax for lim- 
ited 61, 62 

same, vote necessary to authorize 45 

controlled by directors 44 

meetings in 44 

repairing and improving 44, 52, 61 

site of 45 

title to, in trustees 21 

School inspectors 98, 99 

School lands 74 

School libraries 44, 61, 62 

School month 61 

School officers- 
exempted from road labor and mili- 
tary duty 88 

legal advisers of 4, 9 

liable for conversion of school funds 84 

for exclusion of colored children 86 

for failure to return, or false return 

of statistics 84 

for losses of school funds 85 

for perversion of same 85 

lien on real estate of 84 

selling school books, etc., by, prohib- 
ited, when 1,85 

See also "Superintendent of Public In- 
struction and other officers." 
School orders. See "Orders." 
School site. See "Site." 
School superintendent. See "Supt." 
School tax. See "Taxes." 
School trustees. See "Trustees of schools." 

School visitation 9, 42, 49 

School teachers. See "Teachers." 

School year 42 

Schools, branches of studv in. how deter- 
mined 43, 50. 56 

high. See "Township high schools." 

management of 23, 42, 43, 49, 52 

normal 115, 118, 121, 125, 128. 131 

supervision of 4, 10 

support of 42,49 

term, in cities 49 

same, in districts 42,45 

same, may be extended, how 45 

visitation of 9. 42, 49 

Secretary of State to hold State Superin- 
tendent's bond 2 

Sectarian purposes, perversion of funds 

to, prohibited 1, 85 

Security on bonds. See,"Bonds, official." 

personal, on loans 33,34 

real estate, on loans 33,34 

same, improvements on. to be valued 35 

Settlement, trustees may make 21 

Site, school house, choice of 45.52 

same, when made by directors 45 

sale of 20 

condemnation of land for 45 

title held by trustees 21 

Sixteenth section, constitutes common 

school lands 74 

other sections in lieu of 74 

Some interpretations of Illinois school 

law 135 

appeals 135 

board of directors— powers and duties 135 
board of education- powers and du- 
ties 137 



Some Interpretations of Illinois School 
Ij&v!— Concluded, 

bonds 138 

calendar month 138 

certificates 138 

corporal punishment 139 

county superintendents— powers and 

duties 139 

course of study, and its enforcement. 140 

elections , 140 

funds 141 

holidays for schools 142 

institutes 142 

kindergarten schools 143 

oath of office 143 

petitions 143 

pupils 144 

school sites 145 

State superintendent 146 

taxation 146 

teachers 146 

township high school— formation 147 

township treasurer— powers and du- 
ties 148 

truancy and non-attendance 149 

tuition 150 

vaccination of pupils 150 

women as voters 151 

Southern Illinois Normal University — 151 

Special acts may be relinquished 51,93 

modified in certain cases 61,87,90 

not repealed 87 

government in annexed territory 110 

issuance of bonds 113 

State to pay interest 71 

State's Attorney. See "Attorneys. 

State certificates 4, 56 

State charitable institutions, superinten- 
dent of, to report 5 

State charitable institutions, visited by 

State Superintendent 5 

State funds 71 

State normal schools 1 15, 118, 121, 125, 128 

State Superintendent. See "Superin- 
tendent of Public Instruction," 

State teachers' association, printing its 

proceedings 113 

Statements, made by teachers 59 

Statistics, not divisible, how reported... 20 
See "Reports." 

Sufficiency of treasurer's securities, 

trustees responsible for 84 

Suits. See "Actions." 

Superintendent of Public Instruction ... 2 
adviser of county superintendents... 4 

bond of 2 

certificates. State teachers granted 

and revoked by 4. 55, 56 

election of /.-■ 2 

forfeitures remitted by 5 

funds withheld by 6 

not to be interested in the sale of 

school books, etc 1. 85 

oath of office of 2 

office of, at seat of government 3 

same, expense of 3 

papers, etc., filed and preser'^^ed by 3 

record kept by 3 

report of, to the Governor 3 

rules to enforce the school law, made 

by 4 

salary of, determined by law 3 

term of office of 2 

to advise school officers 4 

to approve manuscript of proceed- 
ings. State teachers' association ... 113 
to counsel and advise with teachers. . 3 
to have supervision of the public 

schools f 

to visit State charitable institutions . 5 



161 

Index — Continued. 



Superintendents of State charitable in- 
stitutions to report to State Super- 
intendent ( 5 

Siiperintendents of schools, appointed 

when 49 

Sureties. See "Bond, official." 

Suspension of pupils 44 

Taxes, school, collection of 63 

computation of, basis of 63 

same, made by county clerk 63 

collector of, to pay how. in case of 

union districts 64 

same, to pay township treasurer 63 

same, failure to pay 64 

levy of. form of certificate 62 

same, when returned 63 

must be uniform 63 

power to levy, grr.inted board of edu- 
cation in cities and villages 49, 62 

to directors 45, 62 

same, limited 45,62 

same' in satisfaction and judgment. 87, 88 

Taxpayers, list of filed 27 

Teachers, appointment of 42, 49, 53 

can not be paid, when 43,57,59 

dismissal of 44, 50 

examination of 49, 55, 56 

must have certificate 43,56 

names of, reported to county supt 42 

not to teach on holidays 61 

pension fund 101 

registers to be kept by 58 

same returned to directors 59 

schedule to be kept by 59 

Teachers — 

same certified 60 

same, unpaid, balance of to draw in- 
terest 61 

statements made by 59 

wages of, due when 61 

teachers, certificates of 55 

Teachers' institutes held by county su- 
perintendent 9, 58 

fees for 57 

teachers may attend without deduc- 
tion of wages 58 

Term of office of board of education 48 

Term of township board of education 22 

of county superintendent 6 

of directors 40 

of State Superintendent 3 

of treasurer 18 

of trustees 16 

Terms of loaning school funds 33 

of sale of school lands 77 

Text books prescribed by directors 43 

same, to be uniform 43 

same, not to be changed of tener than 

once in four years 43 

same, for poor children 43 

same, not to be sold by school officers. 1,85 

Tie vote, how decided 17.41 

Title to real estate— 

to. school houses and lots 21 

to common school lands, from the 
State 74, 78 

Town meeting, election of trustees at . . . 18 

Towns and cities. See "Cities and 
Towns." 

Township, school business of, done by 

trustees 16 

congressional, made a school town- 
ship 14 

divided by county lines 20 

same, tax in 63 

fractional, consolidated with adja- 
cent, when 14,75 

fund of. "See fund." 

funds appropriated to 12 

same, forfeiture of 6,20 ' 

—11 s. 



Township— CoM^nwed. 

made a district to support a high 

school 22, 23 

may unite with another or with parts 

of others for the same purpose 23 

newly organized, districted 25 

same, map of 24 

redistricted 51 

school section belonging to 74 

Township board of education 22 

term of office 22 

duties 22 

Township high school, how discontinued 24 

same, disposition of property 24 

how established 23 

how supported 23 

Township treasurer 31 

accounts of how kept 32,33 

appointment of 18 

same, who eligible to 18 

bond official, approved 12,31,32 

same recorded 12 

delivered to county superintendent. 12, 31 

form of 32 

increased when 32 

books and accounts of, examined by 

county superintendent 9 

by trustees 20, 36 

same, subject to inspection 20,33 

same, submitted to trustees 36 

certificate of amount of taxes due 

sent to, by county clerk 68 

certificate of tax levy returned by, to 

county clerk 37 

clerks of trustees, to be 19 

compensation of 39 

county superintendent may direct in 

case of change of district lines 27 

custodian, only legal, of funds of 

boards of education , when 50, 51 

of district funds 21 

of township If unds 36 

debts due township probated by 35,36 

district funds paid out by, how 46 

district records examined by 37 

election of trustees, called by 38 

eligibility of 18 

duties of, as to transfer of pupils . . .37,46 

same, of directors 46 

interest paid teachers by, when 37 

liable in a civil action — 
for failure or refusal to perform 

legal duties 38, 83 

same, when not liable 38, 83 

for failure to turn over books, etc., 

to his successor 83 

liable in a criminal action— 

for loss of school funds 83 

for conversion of school funds 83 

for failure to report statistics, or 

for false return of same 84 

for perversion of school funds to a 

sectarian use 85 

for being interested in the sale of 

school books, etc ..1,85 

lien on real estate of 84 

list of taxpayers made and filed by.. 38 

maps made and filed by 38 

money paid to by tax collector 64 

moneys, bonds, etc., delivered to, on 
certified statement of county super- 
intendent 13 

not to be interested in the sale of 

school books, etc., when 1, 85 

notes, bonds, etc., held by. examined 

by county superintendent 10 

same, list of, given to county superin- 
tendent annually 34 

same, submitted to trustees 36 

cash held by, verified by trustees 36 

official term of, two years 18 



162 
Index — Continued, 



Township treasurer— C'oniiMMecZ.i 

poll-book of district elections filed 

with 41 

removed by trustees, when 21 

responsible for losses, when 84 

State and county funds paid to, by 

county superintendent 13 

statement to directors, made by un- 
der oath semi-annually 36,37 

statement to trustees 36 

sued by trustees, when 21 

suit brought by, against tax collector 64 

same, to recover interest 35 

same, when additional security is not 

given 35 

surplus of district funds, loaned by 34 
to make teachers' orders interest 
bearing when not paid on presenta- 
tion 37, 61 

same, to record 37 

to file orders paid 73 

to hold funds to pay same 37 

to take and file receipts for money 

paid 73 

to publish statement annually 38 

to turn over ofllce, etc.. to his succes- 
sor 38 

same, in case of his death 38 

township fund loaned by 33 

Transfers 46 

Trees cut. etc., on school lands 75 

Trespassers on school lands 75 

liable to fine and commitment 75 

Truant officer 96,97 

to report offenders 97 

Truant or parental schools 107 

Trustees of school lands 31 

Trustees of schools 14 

accounts, etc., of treasurers exam- 
ined by 21,36,37 

appointment of funds by 19 

body politic and corporate, a 15 

boundaries of districts changed by— 

at April meetings 25 

bonded debt, how disposed of 28 

funds divided 29 

liability for failure to divide funds. 30 

property appraised 29.30 

debts deducted from the same 29,30 

remainder of same divided 29, 30 

same, appeal from action of trustees. 27 

how taken 27 

who may appeal 27 

same, election ordered in new district 

by 28 

same, new map and list of tax:payers 
filed by. within ten days, with coun- 
ty clerk 27 

clerk appointed by, who is also treas- 
urer 18 

savae.pro tempore 18 

debt, due school fund compromised 

by 21 

election of, conducted how 17 

same, contested how 17 

same, held for first time 15 

same, notices of 15 

same, ordered by township treas- 
urer 15 

same, polls opened and closed when 16 

same, postponed 16 

same. tie. how determined 17 

same, time of 15 

same, voters at, qualifications of... 16 

election of, at town meetings 18 

eligible to office of trustee, who are . . 15 

gifts, grants, etc.. received by 20 

judges of election 16 



Trustees of schools — Concluded. 
liable in a civil action — 
for failure to distribute property in 

case of a division of a district 30 

for failure to return poll-book 17 

for failure to return statistics, or 

for false return of same 12, 85 

for loss of school funds 84,85 

for insufficiency of treasurer's se- 
curities 84 

liable in a criminal action— 
for being interested in sale of sch ool 

books, etc i, 85 

for conversion of school funds 83,84 

for perversion of funds to a secta- 

rianuse 85 

list of, furnished county superintend- 
ents by county clerk 18 

map of townships, made by 27 

meetings of, regular and special 18 

organization of board of 18 

president appointed 18 

same, pro tempore 18 

quorum of 18 

real estate, leased by 21, 74 

purchased by 21 

sold by 21 

report to county superintendent 19 

same, items 19 

school house and site sold by 20 

same, title to, held by 21 

separate enumeration made by. when 20 
successors to "Trustees of school 

lands" 31 

term of office 15,17 

title to school house and site held by. 21 
townships laid off into districts by . . . 24 

treasurer appointed by 18 

same, removed by 21 

same, sued by 21 

treasurer's accounts, etc.. examined 

by 21 

vacancy in office, how filled 17 



Union school district dissolved, how — 30,31 
funds of, put in hands of one treas- 
urer 42,64,73 

University scholarship act 133 

Use of school houses for meetings 44 

U. S. flags on school houses 104 

Vacancies in office of board of educa- 
tion 48,49,52 

of county superintendent 7 

of directors 40 

of trustees 18 

Validity of teacher's certificates 55,56 

Valuation of common school lands 77 

Visitation of schools 9,42,49 

Vote of the people required to borrow 

money 65 

to establish or discontinue a town- 
ship high school 22 

to levy a tax to extend a district 
school beyond nine months 45 

Vote, etc.— 

to locate a school house 45 

exception to the same ; - • 45 

to refund bonds or outstanding in- 
debtedness 67 

to purchase or build a school house.. 45 
Voters of districts may add higher 

branches 57 

qualifications of l" 



163 
Index — Concluded. 



Warrants, Auditor to issue to county su- 
perintendent 8, 69 

paid by county collector 69 

return by same 71 

refusing to pay penalty for 72 

See also "Orders." 



Western Illinois normal school 128 

Women may be school officers 86 

qualifications 40, 86 

to give bond and qualify as required 

by law 86 

may vote 95 



HAY 31934 






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